Aloes v. Abbott

Opinion by

Judge Pryor :

The validity of the levy of an execution is questioned in this case for the reason.that it was levied on the return day, the court below holding, and so instructing the jury, that the execution lost all vitality unless levied before the day on which it is made returnable. The Revised Statute provides that “An officer may at any time after the return day while the original execution is in his hands sell any property taken by him before the return day in virtue thereof.” It is certain that prior to the adoption of the Revised Statute the sheriff, at any time before he…