In Re Phipps

Did the sheriff make a valid levy upon the $210 currency in 'the hands of the clerk ?

If the levy made by the sheriff was valid, the money in contemplation of the law, belonged to the judgment creditor instead of to Fields, and consequently the amount tendered by Fields as an advance bid was wholly insufficient for such purpose. Upon the other hand, if the levy was insufficient and invalid, the clerk still holds the money for Fields and is entitled to have the same used as an advance bid and thus procure a resale of the property. The term “levy” was first defined by Pearson, J., in Bland v.…