
    FIELDS vs. RALSTON AND MARTIN.
    Where lands are levied on by execution, and claims interposed and withdrawn by successive claimants to whom the property is conveyed, a Court of Equity will interfere and restrain the claimant from withdrawing his claim, and the holder of the title from transferring the same, until the question as to its liability to the lien can be adjudicated.
    Equity, iu Lumpkin Superior Court. Decision on demurrer by Judge Rice, at July Term, 1859.
    That in 1839, complainantojjdgred the under said executions to bJfljj^Hssed, beiL^Bg that they could not be sustained, an^.Wígyd fi. fas. relevied upon lots of land Nos. 1,080 and@'Á- Min the 12th district and 1st section of Lumpkin coo ¿É^íNwKit at the time said last levy was made, the defendant in fi. fas. had the title to said lots of land. That the executions with the levies on said lots, were turned over by the <ionstable to the sheriff, and by him advertised for sale, and Ime Tully Choice interposed a claim to said lands, which was returned to the Superior Court of said county, first Marclf Term, 1840, and was continued until 1843, when it was withdrawn, and no record thereof can be found. After Ch bice’s claim was withdrawn said .lots of land were again acjvertised for sale, when Choice again interposed his claim tj lot 1,055, and one Charles V. Chamberlain interposed a flaim to No. 1,080, which claims were returned to March Jerm, 1844, of Lumpkin Superior Court, and were eontin»d from time to time, and transferred to the appeal, until MaBli Term, 1850, when they were withdrawn, and complainanBordered said lands to be readvertised for sale, when LewiwRalston interposed his claim to both lots, and which are Mow pending. That complainant has been prosecuting his lights up to the time of filing this bill; that the pretended claims to these lands have been, and are now constantly being transferred, and have finally been transferred to William Martin, and thus the litigation continued and protracted to the great injury of complainant, and by the fraudulent combination of Ralston and Martin to prevent him from collecting his just debts. The bill prayed that said Martin be enjoined, etc.
    
      This was a bill in equity, filed by John D. Fields, against Lewis Ralston and William Martin. The bill alleges that complainant is the owner and transferee of several fi. fas. obtained in a Justices’ Court of Lumpkin county, against one Samuel King. These executions were issued in the years 1835 and 1836.
    
      To this bill defendant demurs for want of equity. The Court sustained the demurrer and dismissed complainant’s bill, and counsel for complainant excepts and assigns said decision as error.
    Irwin and Lester, for plaintiff in error.
    Wm. Martin, represented by Ezzard, contra.
    
   By the Court

Lumpkin, J.,

delivering the opinion.

It wouhhseem that this was-a case wlm”' , Court of Equity ’ íiQiliJfcpose. Qfcherwjgs, we see( j end to the litigation involve®* :I.y enjbinW&'mífyyis Raiston from withdrawing his claim, and William^ ing the two lots of land lej chaser, until the rights of t*~..•.... —— —...-----— judicated under this bill, there will b¿$ a final adjustment of th.e matter in dispute; and we shallidirect that leave be granted to the complainant to amend hii&bill so as to effectuate this object. from selling or convey-he being the last purcan be heard and ad-  