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PEARCE v. PLUMER

No. 36504.

292 P.2d 433 (1955)

Ruth J. PEARCE, Plaintiff in Error, v. L.E. PLUMER, Administrator of the Estate of H.A. Johnson, Deceased, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied January 24, 1956.

Attorney(s) appearing for the Case

Henry S. Johnston, Perry, George Miller, Sr., Oklahoma City, for plaintiff in error.

O.J. Roberts, Oklahoma City, for defendant in error.

PER CURIAM.

The plaintiff in error, Ruth J. Pearce, appeals from the action of the trial court in overruling her objection to the confirmation of a sheriff's sale of her property in satisfaction of a levy of execution. The substance of the objection is that the property levied upon was in custodia legis and therefore not subject to levy. The facts are not in dispute. On the hearing for confirmation, the trial court found: "That

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