Helm v. Logan's heirs

*78OPINION of the Court, by

Judge OwSXRY.

The, sheriff of Lincoln county having in virtue of a writ of fieri facias which issued upon a judgment obtained by Robert Caldwell against Joseph Ballenger, taken seye-. *79⅜⅛1 negroes which were found in said Ballenger’s possession, and being about to dispose of them to satisfy that execution, both Jno. Logan, the ancestor of the appel-lees, and Jos. Helm, the appellant, set up claims to the ne-groes; the claim of Helm was made under a mortgage from'Ballcnger for the same negroes, and that of Logan was made as the original proprietor; and for the purpose of…