Carothers v. Leigh Bros.
Mississippi Supreme Court
Appeal from the Circuit Court of Lowndes County. Hon. J. M. ArNOlu, Judge. Under an, execution in favor of the appellees, the sheriff seized property of S. W. Carothers, the defendant in execution, including some which he held under a small attachment,, and sold it, when this defendant gave him a bond to have the money forthcoming to abide the judgment, and the sheriff gave Carothers the money.
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Appeal from the Circuit Court of Lowndes County. Hon. J. M. ArNOlu, Judge. Under an, execution in favor of the appellees, the sheriff seized property of S. W. Carothers, the defendant in execution, including some which he held under a small attachment,, and sold it, when this defendant gave him a bond to have the money forthcoming to abide the judgment, and the sheriff gave Carothers the money. Afterwards another person interposed a claimant’s issue, which was tried and decided in favor of the plaintiffs in execution, and judgment rendered on the bond given by S. W. Carothers, who, with his…
1Opinion of the CourtCooper, J.
The shei-iff had no warrant in law for delivering the proceeds of the property levied on to the defendant in execution upon his entering into bond to have the money forthcoming- to abide the judgment of the Circuit Court. As between the plaintiffs in execution and the defendants a final judgment had been rendered, and it was not at all affected by the interposition of a claim by third persons to the property levied on. There was no issue between the plaintiff and the defendant for trial, no pending suit in which judgment' could be rendered. By the execution of the bond the sureties of the…
2Cited by1 opinion
- Perkins v. WatsonMississippi Supreme Court · 1908