Page:Federal Reporter, 1st Series, Volume 4.djvu/602

 r^§8 ITfPBBAIi BBPORTBUI. �t. Samb-— Lbasbhou)»— Whethbr Chattels ob Rhaï. J^tate.— In Ten- nessee, leaseholds are by statuts to be treated, for the purposes of levy and sale uuder execution, as real estate, and judgments are a lien upon tbem. But, whether this ba so or net, eVen at common law, and as chattels, they are to be levied on and sold substantially in th« same manner as real estate is now levied on and sold, and the pur- chaser must bring ejectment to obtain possession. Beld, therefore, that a paper levy, accompanied by such notorious claim of title as the nature of the case admits, is sufflcient, and » failure to do more cannot be treated aa an abandonment. �3. Bame, Subjbct— Casb ik JuDGMBNT.—'Where the marshal, having �levied on a leasehold, and machinery constituting a cotton com- Jiress, placed a watohman in charge to protect it from flre, but aubse- quently withdrew him, and returned his writ with his levies indorsed, and reasops for not selling as advertised, and, without objection, the sheriS aftënvards, with an attachment from a state court, at the suit of another crediter, toôk possession, hdd, that there was no abandon- ment by the marshal, and the execution crediter has a better title than a mortgagee to whom the debtor had in the meantime conveyed the property. �4. Execution— Abandonment of Levt — Estoppel.— After a sufflcient �levy upon property of the defendant, if he procures a suspension of prbceedings by securing from the judge of the court a letter ûf advic» tp theiclerk to recall the execution, and an "order" from the çlerk to. the marshal to r.eturn it, whether the action of these offlcers be ' legal or illegal, he Avili be estopped from claiming an abandonmeiit of the levy, nor can a subsequent mortgagee, with notice of the facts, set up, such a daim in fa vorof his title. . / �5. Rbs JuDiCATA — Motion. — A motion for a venditioni exponas, resisted by �affldavits to show an abandonment of the levy, is not such a trial on the merits aa will be res juiîmUa, of the questions involved, and doeg not preclude a bill to enjoin further proceedlngg. �In Equity. �The defendant Daniel, in January, 1878, leased from on« Mitchell and from one Lea, for a period of six years, two parcels of land in Memphis, on Washington and High streets, npon whioh he erected a Morse Improved Tyler cotton com- press, with necessary engines, boilers, machinery sheds, and buildings, to be used in compressing cotton baies. This press is of the most ponderons character, weighing many tons, and was fixed to the soil in the most substantial manner possible, with foundations let deeply into it, as it must be to be used at ail. The necessary engines and other machinery were also ����