Davis v. Netterville

Citations

• 68 Miss. 429

Syllabus

<p>1. Execution. Claim of property. Code 1880, §§ 1774, 1775. Subsequent levy. Abandonment.</p> <p>Although sections 1774 and 1775, code 1880, direct that an officer levying execution on property claimed by a third person shall return the same, with the claimant’s affidavit and bond, and that further proceedings thereon shall be stayed for an amount equal to the value of such property until the claim is decided, a subsequent levy of the execution on property to the full amount thereof, though irregular on the part of the officer, will not operate as an abandonment of the original levy.</p> <p>2. Deed. Presumption as to date of filing. Supreme court.</p> <p>If in a bill of exceptions a certified transcript of the record of a deed shows the date of recording, but fails to show when it was filed for record, this court will not, in the absence of evidence on that point, assume that it was filed at an earlier day, though the date of its execution is earlier.</p>