Fackler v. Bale

By the Court.

By tbe case as stated, it appears that Mr. Bale, tbe defendant, now claims to retain three hundred dollars under the acts of 1849 and 1859. The property was sold, and *172deed acknowledged therefor by the sheriff in April, 1859; and no claim was presented under the act of Assembly for any portion of the money until the September following. It has been repeatedly decided by our Supreme Court that, unless the sheriff is notified by the defendant before advertising the property for sale, that he claims to have the benefit of three hundred dollars out of the real estate, it cannot be…