Blalack v. Stevens

Mississippi Supreme Court
Blalack v. Stevens, 81 Miss. 711 (Miss. 1902)
Calhoon

Blalack v. Stevens

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

Appellee, Stevens, the plaintiff in execution, on the trial of •the claimant’s issue was under the necessity to offer in evidence his judgment against Fairley, and did not do so. This fatal omission is not supplied by the fact that he did offer the execution and the judgment roll. A writ of execution requires the support of a valid judgment. It is the judgment when enrolled, and not the judgment roll, which is made a lien. Code, §§ 757, 759, 760, 791, 2413, 3473, 3481, 4429. We decide nothing else in the case.

Reversed and r&mcmded.

Reference

Full Case Name
William Blalack v. Benton Stevens
Cited By
3 cases
Status
Published
Syllabus
Claimant’s Issue. Evidence. Judgment. On the trial of a claimant’s issue for property levied upon under execution, the plaintiff cannot recover without offering in evidence the judgment upon which the execution was issued.