Smith v. Banks

Jackson, Judge.

This suit was brought on the bond of the sheriff against him and his sureties, on the allegation that his deputy was ordered to levy on the land of defendant in fi. fa., and refused to do so. This direction to levy was given, or alleged to have been given, in 1871, and the defendant and sureties defended on two grounds — first, that the land was set apart as a homestead ; and secondly, that the direction or order to levy was not given, or, if given, was withdrawn. The question is, mainly, was the sheriff protected from failure and refusal to levy, when ordered by the plaintiff,…