Beaver v. Batte

This is a motion for a rule against the Sheriff, Beaver, to compel him to pay the balance in his hands, raised by the sale of a lot under an execution against Hill, on an order from Hill to pay the same to Batte. Said money was a sur: plus in his hands after satisfying an execution against Hill, in favor of Wilks, Hood & Black.

Beaver filed exceptions to the motion for the rule, in which he “ denies plaintiff’s right in law to proceed against him in *112“ this summary way by motion ; but that said right only ex “ ists in favor of the party entitled to the money from the pro- “ cess addressed to…