Terril v. Cockeril

OPINION of the Court, by

Ch. J. Boyle.

The only question in this case is whether a constable, where he has by virtue of an execution seized and sold property claimed by a stranger, can protect himself from a recovery in an action brought by such stranger, by shewing that previous to the sale he had summoned a jury to inquire of the right of property, and that by their verdict they had found the right to be in the defendant in the execution ?

It is evident that he could not do so upon principles of the common law. Where an officer had taken property under an execution, and the property was…