Williams v. Ellis

1. When the sheriff of a county is also, by the act creating a city court for the county, sheriff of the city court, his acts are as separate when acting in the different capacities as if he were two persons. Consequently, where the “deputy sheriff” levies a city court fi. fa., addressed “to all and singular the sheriffs of said State,” upon real estate, and turns the fi. fa. over to the “sheriff of the county,” and advertisement and sale of the property and deed to the purchaser are made by the sheriff of the county, and not as “sheriff of the city court,” suit will not lie against the…