Commonwealth for Heth & Halbert v. Dickinson

Judge Marshall

delivered the opinion of the Court.

This action is brought against the Sheriff of Jefferson county and his sureties, for an alledged breach of his official bond. The facts are in substance, that on the first day of February, 1841, a lot of twenty six and a half feet front, in the City of Louisville, had been sold as the property of one Kelker, under an execution against him and another, and in favor of Donaldson, H. S. Smith being the purchaser for $372 82-2-; that in March following, a subsequent execution in favor of Samuel Churchill against Kelker, was levied on his right to…