Bales v. Peters

Opinion op the Court by

Judge Lindsay:

It is not directly charged that Bales was the surety of Wilson in the debt due to Powell. There is, however, some proof conducing to show that he was, and 'it is evident that both parties conducted the action upon that hypothesis.

It was the duty of the sheriff, Peters, to sell the personalty levied on by him. He had the right, and it was his duty to sell, with or without, a writ of. venditioni exponas. Colgen vs. Haggins, 1 Duvall 6; Savings Inst. vs. Chinn’s Admr., 7 Bush 542. If lie-permitted Wilson to retain the property, and sell or otherwise dispose…