Scott, Horton & Co. v. Russell

Hall, Justice.

The plaintiff sued out a distress warrant to collect seventy-five dollars for rent, claimed to be “ past due,” charging that the defendant was seeking “ to remove the rents and crops of the land rented to him from the premises.” This warrant, which issued on the 6th day of September, 1881, was, on the same day, levied on “the entire corn, cotton and sorghum crop growing” on the land in question. After the levy was made, the property was claimed by Scott, Horton & Co., and the claim was returned to the justice’s court, where, on the trial, the levy was dismissed, and an appeal…