Shaw v. Potter

The plaintiff, who was sheriff of Dade county, filed his motion in the Circuit Court under the provisions of the statute in relation to executions (R. C. 1855, p. 747, § 49), to recover of defendant *282the difference between the price bid by him for certain lands sold by the plaintiff, as sheriff on execution, and the price which the same brought at a re-sale; it being alleged by the plaintiff that the defendant refused to take the land and pay the purchase-money bid by him.

On the trial there was evidence going to show that immediately after the sale, defendant called upon the sheriff and…