HEISE v. McMULLEN

No. 2340.

6 F.2d 462 (1925)

HEISE, Sheriff, et al. v. McMULLEN.

Circuit Court of Appeals, Fourth Circuit.

June 15, 1925.


Attorney(s) appearing for the Case

W. M. Graydon, of Columbia, S. C. (Graydon & Graydon, of Columbia, S. C., on the brief), for petitioners.

W. G. Belser, of Columbia, S. C. (Elliott & McLain and Melton & Belser, all of Columbia, S. C., on the brief), for respondent.

Before WOODS, WADDILL, and ROSE, Circuit Judges.


WOODS, Circuit Judge.

A judgment was entered on May 28, 1924, in the circuit court of Richland county, S. C., in favor of Smith Bros. Grain Company against Adluh Milling Company. On June 10, 1924, the sheriff levied on a lot of sacks, chicken feed, and flour, and on the machinery in the mill. He did not take actual physical possession, to the exclusion of the debtor, but went into the mill, entered the levy on the execution, and took from Swygert, president and treasurer...

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