Brainard v. Harrison

Charles T. Pollard, as executor of Thomas M. Cowles, recovered in the circuit court judgment against the appellee for a sum exceeding $66,000, besides costs of suit. The judgment was taken by agreement, that it was to be subsequently credited with sets-off due the appellee, the amount of which were ascertainable only on the determination of a suit in chancery. Before the issue of an execution, the sheriff agreed with the attorney of the plaintiff therein, that he would, on a sale, charge commissions only on so much of the judgment as was unextinguished when the amount of the sets-off were…