Beeson-Moore Motor Co. v. Catlett

Citations

• 128 Miss. 865
• 91 So. 564

Syllabus

<p>1. Execution. On trial of claimant’s issue for property levied on, plaintiff must introduce judgment, execution, and owcer’s return thereon.</p> <p>On the trial of a claimant’s issue for property levied on under execution, the plaintiff cannot recover without offering in evidence the judgment on which the execution was issued, the execution itself, and the officer’s return thereon.</p> <p>2. Execution. On trial of claimant’s issue for property levied on to satisfy mechanic’s lien on an automobile, record wust show judgment condemning property for satisfaction of lien.</p> <p>On the trial of a claimant’s issue for property levied on in a proceeding to satisfy a mechanic’s lien, the plaintiff cannot recover where it does not appear from the record that a judgment condemning the property for the satisfaction of the lien has been rendered.</p>