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· 4/15/1889

Andrews v. McLeod

Citations

  • 66 Miss. 348

Syllabus

<p>1. Beplevin. Claim of property. Special execution. Code 1880, 1774, 2624, 2628, 2633.</p> <p>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.</p> <p>2. Injunction. Remedy at law.</p> <p>In such case, the remedy at law being complete, the owner cannot resort to injunction.</p>

Judges: Campbell

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