Governor ex rel. Whitlock v. Edwards's

*219OPINION of the Court, by

Judge Owsíét.-

This action was brought by the present plaintiff in the court below against the testator Of the defendant in his lifetime, upon a bond given by him for the faithful perform-anee of his duty as sheriff. The cause of action, as set forth in the declaration, is briefly and substantially this: Whitlock leased to a certain John Grant, á house and lot *220in the town of Louisville, and there being in arrear and ^uc llim f°r one year’s rent glOO, one of the deputies of the said Edwards levied a writ of jierifacias, which had come to his hands against the estate of…