60 Tenn. 256 | Tenn. | 1872
delivered the opinion of the Court.
The defendants were the securities upon a promissory note to plaintiff, executed hy "W. B. Young, upon which a judgment was rendered by a Justice of Davidson County, on the 14th day of April, 1860, against the principal and sureties. - An execution was issued upon the judgment to a constable of said county on the 2nd of October following, which was levied
It is no modern doctrine of the common law that
In reviewing some of our own cases upon the subject, the reason of the rule is made apparent. In Youny v. Read, 3 Yerg., 298, Judge Peck says, on this point, that the levy of an execution upon property of the debtor sufficient to satisfy the demand, is in law a satisfaction of the judgment, was ruled without a dissenting voice in this Court, in Pigg v. Sparrow, 3 Hay., 144, and he says the rule is founded on reasons obvious to every lawyer. It can not be tolerated to let an officer exercise the discretion of
Now if the levy by which the debtor is forever deprived of his property, and the liability being thus shifted to the officer, be the foundation of the rule, then it must follow that where the title reverts, and the possession follows, and the officer is by the act of law released, the rule no longer applies, and there is no satisfaction. And we are aware of no pr'in-
The bond for supersedeas is a totally different thing from the ordinary delivery bond. It destroys the effect of the levy, but is in no sense a merger of the original liability, as it existed prior to the levy.