Heizer v. Fisher

Citations

• 21 Miss. 672

Syllabus

<p>In a controversy between judgment creditors, for the appropriation of money made on execution, where ail the judgments were rendered before the act of limitations of the 24th of February, 1844, and the execution sale took place after the 24th of February, 1846, the execution first levied on the property - sold will be entitled to the money, without regard to its date of enrolment.</p> <p>If,-however, there be a judgment rendered against the same defendant, subsequent to the 24th of February, A. D. 1844, it will, if duly enrolled, be entitled to prior satisfaction ; inasmuch as the general lien of such judgment will be in full force for seven years.</p> <p>Where, on motion of the sheriff in the court below, to appropriate money made on- several executions, that' court awards the sum to a particular one, from which decision only one of the excluded parties appeals, the high court in rd-versing the judgment will order the money to be appropriated, to that creditor entitled to it in the court below, without regard to the fact of his having made no objection to the decision there.</p>