State v. Clark

Terry, J.,

delivering the opinion of the Court:

The issue before us is a narrow one and is confined to the question as to whether or not the defendant herein was negligent as a matter of law in the care exercised by him with respect to leaving the said property levied upon herein in the place upon which the levy was executed without placing a guard or guards on said premises.

Under the English theory regarding executions, a Sheriff was bound for the value of the inventory and appraisement of the goods taken in execution, which was a satisfaction of the debt to that amount. The Sheriff,…