Wheeler v. Thomas

Jackson, Judge.

This was a rule against the sheriff to show cause why lie should not pay over a certain sum of money to the plaintiff on account of failure to sell defendant’s property and collect the same. The sheriff showed for cause, in his answer, that defendant had interposed an affidavit of illegality on two grounds: first, that he had pointed out other property, and the sheriff had not levied on it; and, second, that he had received no notice of the levy from the sheriff; and also to the *162effect that the rule nisi was for too much; that the fi.fa. had been reduced by other payments not…