Clark v. Clinton

Citations

• 61 Miss. 337

Syllabus

<p>1. Replevin. Execution. Erial of right of property under levy. Section 2633, Code 1880, construed. Where an officer has levied an execution upon personal property and holds the property by virtue of the levy, a third person claiming it cannot recover the possession from him by an action of replevin, in view of $ 2633 of the Code of 1880.</p> <p>2. Execution. Claimant’s issue. Jurisdiction. Where personal property is levied on by virtue of an execution, the court from which the execution issued alone has jurisdiction to try a claim interposed to the property by a third person.</p> <p>3. Bond. Liability of principal and sureties on informal bond. Section 2305, Code 1880, construed. Where a bond has been given by a third person for the possession of personal property, which has been seized by an officer under the levy of an execution and the possession surrendered by the officer, to such third person claiming the property, because of such security, the principal in the bond and his sureties therein cannot complain of a judgment against them on the bond in favor of the officer on the mere ground that the bond given was not adapted to the particular form of action, in view of 2305 of the Code of 1880.</p>