Miles v. Ohaver

Suit by Miles against Ohaver. The facts are agreed upon, and are substantially as follows, viz.: In the year 1858, Ohaver, as sheriff of Hendricks county, had in his hands for collection, executions against Miles and one Banta, amounting to 1,240 dollars, in favor of Montgomery and Carmichael. Miles paid to the plaintiffs in the executions (and not to the sheriff) the sum of 1,008 dollars, 97 cents. A part of this sum was paid before the executions were issued, but the amount was not credited upon the judgment; and the balance of the above-named sum was paid after the executions were issued,…