Commonwealth for Faris v. Fuqua

Opinion of the Court.

THIS was an action of debt, brought in the name of the commonwealth for the use of John Faris, against Moses Fuqua as sheriff of Greenup county, and others as his securities, upon his official bond. The declaration, after setting out the bond and its condition, alleges that Fuqua had not kept and performed the condition of the bond, but bad broken it; and assigns for breach, in substance, 1st. That on the 19th of June, 1812, Faris issued from the Madison circuit court a fi. fa. for $550 besides costs, against the estate of Hard-wick, Harrison and Ward, directed to the…