Vaughn & Co. v. Gloer

Vaughn & Co. brought a rule, in a justice’s court, against Cleveland, a constable, for not making the amount due on a mortgage fi. fa. for $60.00 principal, and $2.80 interest, which they had placed in his hands for levy upon and sale of the property designated in the execution. The constable answered that he had in his hands $52.82, the proceeds of the property mentioned in the mortgage fi. fa.; that there were two executions in his hands claiming this fund, which executions he exhibited to the court, and asked the court to pass an order directing to which fi. fa. the money should be paid.…