Andrews v. McLeod
Mississippi Supreme Court
Andrews v. McLeod, 66 Miss. 348 (Miss. 1889)
Campbell
Andrews v. McLeod
Opinion of the Court
delivered the opinion of the court.
The remedy of the appellant at law was full and complete, not by interposing a claim under § 1774 of the code, but by replevin against the sheriff who should seize the property, to which he would be entitled, because he could not interpose a claim. Section 1774 applies only to executions generally, and not to the special execution under § 2624. Nor could a claim have been made under § 2628 after the final judgment in the replevin suit.
Affirmed.
Reference
- Full Case Name
- F. M. Andrews v. C. H. McLeod
- Status
- Published
- Syllabus
- 1. Beplevin. Claim of property. Special execution. Code 1880, 1774, 2624, 2628, 2633. One asserting ownership of personal property, about to be taken under special execution issued on a judgment in replevin to which he is not a party, cannot interpose a claim for it, and therefore he may maintain replevin against the officer, $ 2633 of the code, prohibiting replevin in certain cases, not being applicable. 2. Injunction. Remedy at law. In such case, the remedy at law being complete, the owner cannot resort to injunction.