M'Kinney v. M'Connel

OPINION of the Court, by

Judge Trimble.

— On the 31st of August, 1802, M’Kinney assigned to M’Con-nel a due bill, on a certain Charles Floyd, for 21 barrels and a peck of salt, which was to have been delivered at Manslick, sixty days after the date of the due bill, bearing date on the 10th day of December, 1800.

M’Connel, by virtue of this assignment, commenced a suit on the due bill, in his own name, against Floyd, on the 12th day of November, 1803 ; obtained judgment thereon in September, 1804 : upon which judgment he sued out a fieri facias against Floyd, which was returned, “no property…