16 Ala. 755 | Ala. | 1849
The facts of this case appear to be these: The Insurance Bank of Columbus recovered a judgment against Seth Lore, on which an execution was issued and placed in the hands of Duncan McRae, as sheriff of Barbour county. He failed to make the money, and the Bank moved for judgment against him and his securities, suggesting that he could have made the money with proper diligence. The sheriff and his securities appeared and admitted the facts alleged in the suggestion, and confessed judgment in favor of the Bank for the sum of six thousand seven hundred and eighty-one dollars. On this judgment executions from time to time have been issued. At the February term of the Counly Court, A: D. 1849, McRae, the sheriff, and his securities moved the court to enter satisfaction of said judgment, alleging that it had been paid. An issue was made up involving the inquiry whether the judgment had been paid, and submitted to a jury who returned a verdict that five thousand one hundred and ninety dollars had been paid on the judgment, but that the residue was still due and unpaid. On this verdict the. court dismissed the motion to enter satisfaction at the cost of the plaintiffs in error. On the trial of the issue, a bill of exceptions was taken to the ruling of the County Court, the material facts of which appear to be that Seth Lore, the original debtor, deposited-the money in ihe hands of Mr. Pettit, the attorney of the Bank, to pay the judgment against the sheriff, and his securities, but Pettit subsequently allowed Lore