, 1860-12-22

IL" :" A~HA AAAA&nNAAs
5=iFEoREeEE =i %1{!LE 1nE ExREtTioS f;1s Is
ssrsn'ea corns o. H,ss,s; ea,s4eo-Br1aonz 1rDoz
Jac;o H<7iet q. John L. rr7b.ts Ct a.
This WIS iep1eEtn, aud tho dcteddauts plead
property. Upon iadGnicEt feeovercf b. ruttt.
Palmer against ". u. ller:.cl, IN txttEfion w1s
f:usa ost !sth, H.: and placed IN tAe h,n:is q
ucuick WIS ,Ae owner Of real cstate.. End Of tho
steam engine and taw How in contrVyersy. No
ye,nbeE 9th 1871 said execution beingin the hands
aud Saw to Jacob 1lcrzic.s. On the T7ta Of Dc
ccmbcr, 1851, thu Sht.iG tcnacfed ptnperty of ".
b. Nesrick to *atisfytise exeeu4on ar real estate
nlc1nornEdnn On th:,cxccu.ton- - LcTted Dec: 18th.
ISL and afterwards furnished tho 2aintif IN e1-
ccusion with = description uf the PROPERTY. Ihe
plaintiff, having learned that thu fcaH rstatc was
taeunbcfcd. se!uecd to hare anyth1nsto 10 With
it. and further steps were taken sheriff in
regard to the levy npbn H., Subsequently,: on the
ention upon 1he steam engine and eaw; 1t appears
iu evidence that u. Il. jlcrrick had other 1eal
tate bceide that turned ont upon the execution III
tae 1t*t instance. lat It Gid not appear whether
said hthcr real estate was epctmbeteddE moi. "a
cob Icrrck repevied the property fr0Jn the eheFif
lSh0
il was eontendod that the lien Of an execution
upon personal property WAS fno.eEat1r against
Ioaa ,dl< purchaser until an actual }e y Of sc7-
u.c hy the thcrt; that i subject to th6 lien of III.
execution, ". 3. ilcrFick, under the statute OF
this State, bad the right to turn out real esrate I"
s.tt-fy tho execution: and that the rtzlH having
levied upon Eeal cststc. coald not abandon that
without notice Of the abandonment, ID that other
real c:tate could be tcrne1 cut. II des4-d.
.,F r T. Ka!es for 1terrtck; Sidney s.*iM for tho
iltcc1xs, J--The execution in thla que, having
been delivered to the Sheriff prior to t4c talc, Gre
a'ed lieu on The pcfsonal property Vhleh could
nnt be dircStsd q deicat,d 1ya ta:e q alienation
Of any kird: ard the purchase unde1 trch sale
though 9c1q :a4<. cannot hoid the l7operiy Al
aE3i9:t thc lisn Of .hs e5sent|en :n, H.,
M'1 =: t'ana!rghaa,. Us H.. a. ;i,ut u the
Ii '.:sias are conclusive III England and In this
ss";:; % ; q!5gs?'s e 4; a *S.iss: e. III & a;e M
5i9: s ill., is 1HSi: H. y r. +. iS5} iii a :rac
th.t q +ale In market osert ia England wuu!l de-
eat the len but wo have no saca Ialc in this cocn
Tho mex. question is as to the leyyon the real
e-tatc. Had the Sheriff right to abaadon his
ccdcd that levy on i'sraonal property. suelcicE,
In value TO pay the rAecutiun. opeFafet Hht!u tic
levy IL OF, as satisfaction Of TIC cxr:
cut!on; and it Was crEte11et that levy on rS1l
cp,etc should have tile a1ae cect. Evcl II II
conceded that the levy ehonl hare the ratne effect
III tEis case, think the Sheriff was Jrstiti. ~.
State fa Montgomery e. Iu1at. NIL. s1l,3 say
,e~y p:rs,u:I PROPERTY Il MT an ah:o-
!r!s e,tisiastioa il npo,, Fl; It plsdsees lss:
officer to psucerd aud cnlltct tire residue; TO- nlso,
the eyy Is abandoned. and the property given up
to the defendant in the execution; II there VAS
levy. and the officer docs not take the posseEsiOil
Of the property. the levy l. Incomplete and woull
not operate Al satisfaction If tue execution. etcn
Fro tGnta.'
The proof, In this case, If, tha. upon enqul.-.
Tito tr title o. the rca estate, It was found t" be
cncu1nbered. Ttc +herif was not bound to IL .
real estate subject to cacrmbsanc:s. II the dtra-
levied upon. he shocld Laye furnished TIC officer
evidences Of his title; otherwise he could not
claim the exemption given y law to re:sn1Sal r.
Sheriff mad applied once for pr'pcrty ard the de-
fcndaat in the execution had not given him rncs.-
numbered property to satisfy the execution. Find
aHsht to :.ba2doN Its E1siaa1 levy and was 10.
bound to dcunnd u;!.cr property. l1tiIc defendant
In the execution de-frcd 10 avail himself Of the
cmp:ion CIV BY law. he mould haye notified the
sheriff and should hnvs: done all that the la,r
quired Of him! a: < time q! III: Lry. and, harins
aiicd then. hi. application Is now ton Ike. iii.
| 3i2: Br<sse. Us: II {s,a. .l0.
But tue faIae su:. doe. ,lut obtain where the
lsSy j. saate upon real estate. snch levy Is TO.
| ::E!: u 1hcr1ecuiio1. e ScSn-: Gss II
1;:."E. :G9 Has. ~. II Gtor3ia.T.l IN Hon
r.1a r. Hyrek. "a Gtar1ia. II it WAS held that,
| II" nttorney nf the rlaintsN having ordered the
lev: d!smissed, the Hen "ns untn!paised p ihe
lsry The samc doe:Eiuc Is held in l<ae r. It@:o"
| e.; +uiSs., E30) and in numerous other cases.
Judgment 1ur Gcfcndan. fu: return Of the prop
CITY and damages.
Sl59 REwAEE.-L. Cornell + Co., at 1855 Lake
street. M stairs. paying the sbora reward ere
RI wecE, IS to eava person who most jud;cior.ly
| purchases ono Of their Taesart / Far. Family Ct
Manufacturing Sewing Machines for = holiday cif,
Only so for Machine lIc.aa.cE. Gau.cr, and Al!
f.ut- So IT.. III