Minter v. Swain

Citations

• 52 Miss. 174

Syllabus

<p>1. Dama.qbs: Equity of redemption. Void sale thereof</p> <p>S. obtained judgment against M. before a justice of the peace. Execution was issued thereon, and the constable levied upon the equity of redemption of M. in certain personal property which he had mortgaged but retained possession of. The levy was made without taking the property into possession. • Upon the return of the execution M. moved to quash it, which was done; thereupon he sued S. for damages, etc. Held, that the levy of the execution was a fiction, the sale void, and neither the possession nor the title of M. was disturbed or affected by it; that the quashing of the execution was unnecessary, and that there was neither injury nor damage done to M.</p>