5 Mass. 319 | Mass. | 1809
The opinion of the Court was delivered by
The sheriff, when sued as trustee, had no goods or effects of Ross in his hands, the money he received not being Ross’s property. He had no credits of Ross in his hands, because the sum levied had not been demanded of him; and until then Ross could maintain no action against him.
These principles were recognized in the case of Wilder vs. Bailey & Trustee
Let the trustee be discharged.
3 Mass. Rep. 289.