Staton v. Commonwealth ex rel. Gill

Judge Underwood

delivered the Opinion of the Court.

Gill, as relator, instituted this action against Staton and his sureties in his official bond, as sheriff, alleging as a breach thereof, that the deputy of Staton had, contrary to law, levied a junior execution on property which should have been taken and sold under older executions, in which Gill was bound as surety, and which first came to the deputy’s hands, in consequence of which, the elder executions were afterwards levied on the estate of Gill, and the debts made out of him.

We shall notice such questions only, as we deem necessary to a…