Bottom v. Breed

The facts are stated in the opinion of the court, delivered by

Mathews, J.

This suit is brought to recover damages from a sheriff, for misfeiasance or neglect of duty, in the exercise of his office. Judgement of nonsuit was rendered, from which the plaintiff appealed.

The misfeasance or neglect alleged against the defendant, has relation to an execution which issued on a twelve month’s bond. The plaintiff had obtained a judgement against two persons, Burlin and Paris Childress, on which a ft. fa. issued and property was seized, which was finally sold on a credit of twelve months. At this sale,…