Parker v. Dean

Citations

• 45 Miss. 408

Syllabus

<p>1. Execution— amotion ox levy —exxect ox a supersedeas bond.—As has been the practice in this state, the execution of a supersedeas bond is an amotion of a levy on personal property, the bond being considered security for tbe debt, and ample indemnity to the creditor for arresting the action of tbe sheriff under tbe writ.</p> <p>2. Same —levy—possession necessary.—On general principles, a seizure of chattels under fieri facias is only constructively a discharge of the debt. To make such seizure good, the sheriff must take the property into possession, and subject it to his control.</p> <p>3. Same — same — rights ox the sherixx axter seizure.—When the sheriff has seized chattels, and taken them into possession, having, a right of possession and a qualified property as bailee of the law, he may protect and assure that possession, by actions of trespass, detinue or replevin, as the case may require.</p> <p>i. Same—how xar a levy is a satisxaction ox the judgment.—If the sheriff has once taken into possession property, the creditor will not be permitted, by a subsequent writ, to make another seizure, until he has accounted for the first.</p> <p>5. Same — SAME.—The first seizure is deemed a payment in those circumstances where, if not so regarded, the debtor would be twice deprived of his property on the same judgment. In other cases it is no satisfaction.</p> <p>6. Same—same—where the sherixx wastes or misapplies the goods. — If the sheriff wastes or misapplies the goods after levy, the creditor must look to him for indemnity. In such case, to the extent of the value, there has been a satisfaction of the debt.</p> <p>7. Same—UNDER WHAT CIRCUMSTANCES THE LEVY IS NOT A DISCHARGE OX the debt.—If the debtor was never deprived of possession by the levy, or the property was restored by the sheriff, there is no discharge of the debt.</p> <p>8. Homestead exemption—eights op vendee op the exemptionist.—The statute of 1867, entitled “ An act to amend the exemption laws of this