Beazley ex rel. Norcom v. Prentiss

Citations

• 21 Miss. 97

Syllabus

<p>The parties to the record are the only persons in whose name an appeal or writ of error from the circuit court can be prosecuted, and if the case comes up in any other name, it cannot be entertained; an appeal, therefore, prosecuted in the name of and by the assignee of a judgment, from the decision of the circuit court, quashing an execution upon the judgment, must be dismissed.</p> <p>A levy upon real estate constitutes no satisfaction of an execution, until consummated by sale ;• therefore, where an execution was levied on real estate, and the sale enjoined, on the ground that other property was first liable; and the judgment creditor levied another execution on the other property designated, the sale of which was again enjoined on the ground that still other property of the judgment debtor was liable before that; and the creditor levied his third execution on the property last designated, which execution with the levy, was quashed because of the previous undisposed of levies; it was held, that the last execution was improperly quashed ; and the quashal of it no bar to the issuing of another execution.</p>