51 Pa. 366 | Pa. | 1866
The opinion of the court was delivered, by
The assignments .of error in this case raise but •two questions. The one relates to the construction which should be given to the bond, and the other to the effect of the sheriff’s ■return to the executions -in his hands. When the bond was given, there were several executions in the sheriff’s hands, one against F. D. Lake, and the others against William Corley. Of course the executions were liens upon the personal property of the defendants. In virtue of one of them, at the suit of J. B. Evans, the sheriff had levied upon thirteen rafts of pine boards, as the property of Lake. These he placed in the possession of the plaintiff in that execution, taking his bond with sureties for the ■delivery of the rafts on the 24th of April 1856. But though
The next question relates to the effect of the sheriff’s return to the executions against Corley. It was that he had levied upon the rafts on the 19th' day of April 1856 (the day after the bond was dated), and sold them on the 23d of April, under a prior execution. This, it is insisted, concludes the sheriff and establishes against him that he resumed possession of the lumber after the bond was given, and consequently that the obligors were no longer under obligations to deliver it.
Judgment affirmed.