Southern Wood Fiber Co. v. Thornton

• Decision Date: 04 December 1916
• Docket Number: 18493
• Citation: 112 Miss. 258,72 So. 1002
• Court: Mississippi Supreme Court
• Parties: SOUTHERN WOOD FIBER COMPANY v. THORNTON

72 So. 1002

112 Miss. 258

SOUTHERN WOOD FIBER COMPANY v. THORNTON

No. 18493

Supreme Court of Mississippi

December 4, 1916

APPEAL from the circuit court of Forest county, HON. PAUL B JOHNSON, Judge.

Execution by the Southern Wood Fiber Company on a judgment against C J. Thornton in which Mrs. Nellie T. Thornton, his wife, filed a claimant's issue to the property taken under execution and levy. From a verdict for claimant, plaintiff in execution appeals.

The facts are fully stated in the opinion of the court.

Reversed and remanded.

Stevens & Cook, for appellant.

R. S Hall, for appellee.

OPINION

SYKES, J.

The appellant, Southern Wood Fiber Company, obtained a judgment in the circuit court of Forest county against C. J. Thornton, which judgment was duly enrolled according to law, and execution was issued upon this judgment and levied upon certain personal property (stock and cattle) claimed to belong to C. J. Thornton, Mrs. N. T. Thornton, the appellee here, filed a claimant's affidavit to this property. On the trial of the right of property, after the appellant had introduced its testimony, on motion of appellee, the same was excluded, and a peremptory instruction given to find for the claimant. Verdict and judgment were duly entered for the appellee, from which judgment this appeal is prosecuted.

The property levied on under this execution consisted of cattle and possibly one or two horses and mules. The testimony introduced by the judgment creditor, the appellant here, showed that a part of this property was on a plantation about four or five miles from Hattiesburg, commonly known as the "Thornton place." Whether it belonged to Mr. or Mrs. Thornton is not shown. The testimony, however, shows that Mr. Thornton, the execution debtor, had the active management and control of this plantation, making the arrangements with the tenants who worked the same, and also making arrangements with them to care for and look after these cattle. The testimony further shows that Mr. Thornton, from time to time, went out and had cattle butchered on the place. The cattle levied on, which were not on this plantation, were in the possession of a party by the name of Davis. The testimony shows that Mr. Davis came into possession of these cattle through an arrangement he made with Mr. C. J. Thornton, who had a drug store in Hattiesburg. At the time this arrangement was made some of the cattle were at the...