Davis v. Netterville
Mississippi Supreme Court
From the circuit court of 'Wilkinson county. IloN. Kalph North, Judge. Appellant is the claimant of the personal property in controversy which has been seized under an execution against her husband, Hugh L. Davis. She derives her title to the property from him by a deed, which was duly acknowledged and recorded.
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From the circuit court of 'Wilkinson county. IloN. Kalph North, Judge. Appellant is the claimant of the personal property in controversy which has been seized under an execution against her husband, Hugh L. Davis. She derives her title to the property from him by a deed, which was duly acknowledged and recorded. The certified transcript of the record of this deed, as it appears in the bill of exceptions, shows that it was executed March 8, 1888, and that it was recorded July 17, 1888, but nothing is shown as to when the deed was filed for record. The execution was levied upon the property…
1Opinion of the CourtWoods, C. J.
Netterville, who was the plaintiff in execution in the trial below, caused to be levied an execution upon certain live stock as the property of Hugh L. Davis. The appellant made claimant’s affidavit and bond, and took charge of the property. Subsequently, and before the return of the writ into court, additional levies were made on other property to the full amount named in the execution. On the trial of the claimant’s issue, this writ, with the sheriff’s returns, was offered in evidence by plantiff in execution, and was admitted over the objection of appellant, and this action of the court is…
2Cases cited1 opinion
- Montgomery v. ScottMississippi Supreme Court · 1883