Freeman v. Dawson

Syllabus

<p>Execution — Judgment—Jurisdiction.</p> <p>From a decree of the Circuit Court, awarding a fund of $6,000 to one claiming under a distinct title, the grantee in a deed of trust to secure debts to various other persons, exceeding that amount in all, but of less than $5,000 each, may appeal to this court.</p> <p>A judgment duly recovered is not affected, nor the right to take out execution upon it impaired, by an application made to the court to set it aside, and “ continued until the next term, without prejudice to either party.”</p> <p>All the proceedings hinder a levy of execution have relation back to the time of the seizure of the property.</p> <p>A levy of execution, for a debt of the lessee, upon the leasehold estate, and upon a cotton press, with its engine, boilers and machinery, erected by him, under which the officer has seized the property, and given due notice of a sale thereof, is not defeated by an order from the clerk, under seal of the court, pursuant to a direction of the judge in vacation, without notice to the judgment creditor, requesting the officer to return the execution unexecuted; nor by the officer’s, upon receiving such order, ceasing to keep actual possession of the property, and returning the execution, with his doings indorsed thereon, to the court, for further directions.</p>