Blumenfeld v. Seward Bros.

Citations

• 71 Miss. 342

Syllabus

<p>1. Execution. Levy on partner’s interest. Code 1880, jj 1770.</p> <p>Under ? 1770, code 1880, a judgment creditor of a partner cannot levy execution on any specific article of partnership property, but only on the partner’s interest therein.</p> <p>2. Same. Levy without taking possession. Interest of partner.</p> <p>An officer levying execution on the interest of a partner in partnership property, must do so without disturbing the possession. Willis v. Loeb, 59 Miss., 169.</p> <p>Lien. Pledge. Property not in esse. Potential existence.</p> <p>Where a creditor supplies his debtor with timber to be sawed into cross-ties, under an agreement, although verbal, that, after payment of the operating expenses, the ties shall stand pledged to pay his debt, and be so applied by the creditor, a lien in his favor attaches to the ties when they come into existence, and this lien is superior to the rights of judgment creditors of said debtor. Gayce v. Stovall, 50 Miss., 396.</p>