Ross v. Hawthorne

Citations

• 55 Miss. 551

Syllabus

<p>1. Exempt Property. Replevin. Remedy under code, section 3134•</p> <p>A judgment-debtor whose exempt property has been seized under the execution can maintain replevin against the sheriff therefor, and the exemptionist’s remedy provided by the Code of 1871, section 2134, is not exclusive.</p> <p>2. Same. In what court action brought.</p> <p>An action of replevin by the exemptionist against the sheriff, who has seized the exempt property, must not necessarily be brought in the court from which the execution issued, but may be brought in any court having jurisdiction.</p>