HUGHES v. RUTHERFORD

No. 14070.

201 F.2d 161 (1953)

HUGHES v. RUTHERFORD.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 25, 1953.


Attorney(s) appearing for the Case

R. R. Holloway, Brownwood, Tex., O. B. Fisher, Paris, Tex., Woodruff & Holloway, Brownwood, Tex., for appellant.

Hardy Moore, Paris, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and RIVES, Circuit Judges.


BORAH, Circuit Judge.

Grover C. Wagner, receiver of the American National Bank of Paris, Texas, obtained a judgment against N. F. Rutherford, appellee, on January 7, 1935. On October 24, 1950, the appellant S. W. Hughes, who had previously acquired this judgment, caused the clerk of court to issue an execution thereon. The execution was placed in the hands of Stiles the United States marshal, who, on October 26, 1950, pursuant to said writ, levied on the two tracts...

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