Campbell v. McManus
U.S. Circuit Court for the District of Indiana
[At law. Action by A. J. Campbell against J. McManus. The defendant moves to set aside a marshal’s return of levy on execution.]
1Opinion of the Court
OPINION OP THE COURT. An execution was issued for $1,511.15 and costs, on a judgment obtained by the plaintiff against the defendant. The marshal returned that he had levied on certain lands particularly described, which were mortgaged by the defendant to the plaintiff, prior to the date of the note on which the judgment is founded; and also for the payment of other notes. That the defendant has no other property-in the district, on which a levy can be made, and, therefore, he returned the writ according to the state statute of 1843, without offering the premises for sale.
A motion is now made…
2Cases cited2 opinions
- Watkins v. GregoryIndiana Supreme Court · 1841
- Johnston v. WatsonIndiana Supreme Court · 1844