Corley v. White

Speer, Justice.

There were two questions made by this record, which was a proceeding by rule against the sheriff of Newton county, to distribute certain funds in his hands arising *339from the sale of the property of the defendant in fi. fa. of A. H. Lee.

When the fi. fa. of H. & T. M.' White was offered in evidence to the court (who, by agreement of the parties, tried both questions of fact and law), it was objected to on the ground that it was dormant, for the reason “that more than seven years had elapsed from the date of the fi. fa. to an entry and return thereon by an officer authorized to…