Burks v. Bass

*338OPINION of the Court, by

Ch. J, Botue.

The defendant in error having obtained a judgment against Burks and Bullock, sued out a fieri Jadas thereon, which was endorsed for the benefit of James Allin. The sheriff returned that he had taken in virtue of the execution three stud horses, the property of Burks, and that the execution was stayed three months by order of Al-lin, and that Burks waived his right of replevin. After the expiration of three months another fieri Jadas was issued upon the judgment, which the sheriff returned executed and replevied.

To quash this latter execution, Burks and…