Bell v. Cross

Opinion by

Judge Peyoe :

The execution sale passed no title whatever to the purchasers. They are the plaintiffs, and were presumed to know that the ap-pellees’ intestate had been released from all liability as surety on the replevin bond. It was the duty of the clerk to have endorsed this discharge on the execution, when issued, as more than one year had elapsed from the issuing of any other execution. The act approved March 15, 1862, requires that the sureties on such bonds should, by an endorsement in writing, consent to> the return of the execution before the sheriff or the principal debtor…