Sheldon v. . Paine

The return endorsed on the execution is conclusive between the plaintiff and the sheriff for the purpose of showing the amount of money raised by the officer on that writ.

The return, although made by the deputy in the sheriff's name, is the act of the sheriff, and when the question comes up directly between one of the parties to the execution and the sheriff, the latter is not permitted to gainsay it. (Townsend v. Olin, 3 Wend., 207; Gardner v. Hosmer, 6 Mass., 327;Harris v. Small, 22 Maine Rep., 14; Purrington v.Loring, 7 Mass., 392; Doty v. Turner, 8 Johns., 20;Barret v. Copeland, 18…