4 Watts 124 | Pa. | 1835
The opinion of the Court was delivered by
—When the sheriff lias duly seized goods, under a writ of fieri facias, he has such a special property in them as to enable him to maintain trespass or trover against any person who may take them out of his possession. And this remedy is necessary for the protection of the sheriff; for he is answerable to the plaintiff for the value of the goods taken under the fieri facias; and the defendant is discharged from the judgment, and all further execution, if the sheriff has taken goods to the amount of the debt, although he does not satisfy the plaintiff. Wilbram v. Snow, 2 Saund. 47 ; Clark v. Withers, 6 Mod. 292. As the sheriff is bound to execute the writ at his peril; when the defendant becomes bankrupt, and his assignees
Judgment reversed, and a venire de novo awarded.