Chambers v. Handley

OPINION of the Court, by

Judge Logan.

Cham* here declared in covenant against Handley upon his ob-bgafion for the conveyance of land, and recovered judg-mentfor 490Í.; to injoin which Handley filed his bill in chancery, alleging f raud in the procurement of said jndgnumt, and praying for a new trial and general relief.

It appears that after suing out the writ in the action atlaw, Handley wrote to the sheriff requesting him to return the same executed ; but this the deputy sheriff in whose hands the process was, did not think himself au-*285thorised to do, and returned on the writ “ not found.” That…