The American Decisions (Volume 36); Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869 (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1886. Excerpt: ... 4k Oman Selling Land On Execution Mat Receive Bmdbm Monet, even after the expiration of his term of office. Id. 6. Sureties or Hu - - Receiving Redemption Monet after his term has expired, upon land previously sold by him, are liable therefor. Id. 6. Sheriff's Deed Can Not Be Collaterally Impeached for any irregu- larity in his proceedings, or in the process under which he acts. In such a case a judgment, execution thereon, a levy, and the sheriff's deed are all that need be shown. Ware v. Bradford, 427. 7. 8tatute Requtaino Sheriff To Advertise Lands which he is about to sell under execution, thirty days before the sale, is merely directory. Id. & Execution Mat Be Levied On The Dat On Which It Is Returnable, and a commitment thereon is valid. Fletcher v. Bradley, 324. 9. Sheriff Ha Vino An Execution In His Hands, and a reasonable opportu- nity presenting itself to execute it by a commitment of the debtor's body, must do so. Id. 10. Failure To Return An Execution within the time commanded, after complete service of the same, without proof of actual loss, will not entitle a judgment creditor to an action on the case against the sheriff. Id. 11. Sheriff Acting Under Special Instructions, giving him a discretion in the enforcement of a writ, is not liable for the exercise of such discretion. Id. 12. Execution First Levied Has Prior Lien though it be a junior execu- tion, and comes last to the officer's hands, where different executions against the same defendant are delivered to different officers for service. Million v. Commonwealth, 580. 13. Execution First Received By Officer Having Sevebal Executions against the same defendant placed in his hands at different times, must be first levied and paid. Id. 14. Several Executions Delivered To Different Deput...