
    Thornton v. Overstreet et al.
    
    June 23, 1915.
    Money rule. Before Judge Daniel. Pike superior court. May 4, 1314.
    
      B. O. Armistead, for plaintiff. F. F. Dupree, for defendants.
   Hill, J.

Where A brings a rule against a sheriff to require him to pay over money realized by the levy and sale of certain property as the property of B under a fi. fa. in favor of the movant, placed in his hands, and the record in the ease shows that the fund in controversy was thus produced, it is error to award it to a contesting creditor holding a fi. fa. against neither the plaintiff nor defendant in the fi. fa. first mentioned, but against a third party, notwithstanding evidence be produced which would warrant a finding that the property sold really belonged to such third party.

Judgment reversed.

All the Justices concur.  