Bernheim Bros. & Uri v. W. H. Andrews & Bro.

Citations

• 65 Miss. 28

Syllabus

<p>1. Practice. Seizure of exempt property for purchase money. Sight of judgment creditor to intervene. Gase in judgment.</p> <p>Where a writ of seizure is sued out to take and sell exempt property torecover the unpaid purchase money thereof, a judgment creditor of the defendant therein has no right to intervene and contest the right of the plaintiff to a judgment and special execution, as provided for by the Act approved March 11, 1884, entitled “An Act to amend $ 1255, Revised Code of 1880.”</p> <p>2. Same. Seizure of property for9 unpaid purehase money. Semedy of judgment creditor. Gase in judgment.</p> <p>And where, in such case, the judgment creditor had previously caused an execution to be levied on the property in question, but acquiesced in the surrender thereof to the officer executing the writ of seizure, his remedy then is to appear and contest the right of the plaintiff to the proceeds arising from the sale of the property under the special execution.</p> <p>3. Exemption. Resident of city, town, etc. Right to select whiskey.</p> <p>An exemptionist living in a city, town, or village, may select whiskey, or any other personal, within the limit prescribed, as to value, as his exempt property, under $ 1249, Code of 1880.</p>