Blalack v. Stevens

Decided October 15, 1902

Mississippi Supreme Court · decided 1902-10-15

From the circuit court of, first district, Perry county. Hon. John R. Enochs, Judge. Stevens, the appellee, was plaintiff in the court below; one Enoch Fairley was defendant in execution, and Blalack and another, appellants, were claimants. Blalack and another had caused an execution to be issued upon a judgment in their favor against Fairley, and it had been levied upon certain sticks of valuable square timber, which were claimed by Blalack and his partners.

Good law ✅— No negative treatment on recordhow we know

Decided 1902-10-15

How this case has been cited

Cited by 3 later decisions — most recently May 1956

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2Appellee, Stevens, the plaintiff in execution, on the trial of •the claimant’s issue was under the necessity to offer in evidence his judgment against Fairley, and did not do so. This fatal omission is not supplied by the fact that he did offer the execution and the judgment roll. A writ of execution requires the support of a valid judgment. It is the judgment when enrolled, and not the judgment roll, which is made a lien. Code, §§ 757, 759, 760, 791, 2413, 3473, 3481, 4429. We decide nothing else in the case.

¶3Reversed and r&mcmded.