Bryant v. Freeman

Where an execution is levied on personal property and it is returned to the defendant in fi. fa. upon his giving to the sheriff a receipt agreeing to return it on demand, a refusal on the part of the defendant in fi. fa. to return the property to the sheriff on demand for the reason that he contends that the execution has been paid, does not estop the defendant subsequently to contend that the execution had become dormant, for the reason that such former contention could not reasonably be said to have prevented the plaintiff in execution or the transferee from proceeding with the execution…