Smith v. Martin

Jackson, Judge.

Leonard directed the sheriff of Muscogee county to levy a fi.fa. of his on seven bales of cotton, in 1866, as the property of defendant in fi. fia. It was done; Leonard then took possession of the fi. fa., and kept it until long after the day of sale had passed. The defendant filed an affidavit under the act of 1866, and the sheriff proceeded no further, but turned *601over the cotton to defendant. The plaintiff,‘Leonard, sued the sheriff and his securities on the sheriff’s bond. The court charged that if the execution was taken out of the sheriff’s hands by the plaintiff and…