Stone v. Pointer
Supreme Court of Virginia
Stokm.y Turner, having sued out a, fi.fa. against Nathaniel Jones, put it into the hands of Stone, Sheriff of Halifax, who, by Turner’s direction, levied it on three slaves ; the sale of which being forbidden, Stone demanded an indemnifying bond, which was given accordingly, and returned to the Clerk's office;'whereupon, the Sheriff sold the property to Pointer, “ who bid for and bought the same, with full knowledge of all “ the circumstances of the title of the party who…
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Stokm.y Turner, having sued out a, fi.fa. against Nathaniel Jones, put it into the hands of Stone, Sheriff of Halifax, who, by Turner’s direction, levied it on three slaves ; the sale of which being forbidden, Stone demanded an indemnifying bond, which was given accordingly, and returned to the Clerk's office;'whereupon, the Sheriff sold the property to Pointer, “ who bid for and bought the same, with full knowledge of all “ the circumstances of the title of the party who afterwards “ recovered them.” The Sheriff immediately paid over the money to Turner. An action of Detinue was brought…
1Opinion of the Court
December 7th, 1810,
Judge Roane
pronounced the following opinion of the Court.
This is an action of Assumpsit, brought by the Appellee against the Appellant, as Sheriff of the County of Halifax. The Declaration contains two Counts. The first states, 1» *290substance, that a fi. fa. had issued at the suit of Turner against Jones, which came to the hands of the defendant, and was by him levied on three negroes; that, afterwards, a doubt arising as to the title of the said Jones to the said negroes, the defendant, the Sheriff, demanded from said Turner, a bond of indemnity under the Act; which, bond…
2Cited by8 opinions
- Baird v. RiceCourt of Appeals of Virginia · 1797
- Davis v. Commonwealth for LeonSupreme Court of Virginia · 1856
- Johnson v. LaybournSupreme Court of Minnesota · 1894
- Kirk v. OakeySupreme Court of Virginia · 1909
- Phillips v. Mayor of HudsonSupreme Court of New Jersey · 1864
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