DEN EX DEM. MOSES WALKER vs. JOHN MARSHALL. Where a judgment is for the penalty of a bond to be discharged on the pay. ment of certain assessed damages, and the execution issuing thereon recites the judgment as for the damages only, this is a fatal variance and any sale under the execution is void. Where a judgment is against heirs for lands descended, after the plea of fully administered has been found in favor of the administrator, and the execution issues against the goods and chattels, lands and tenements of the heirs, the execution is void. Appeal from the Superior Court of Law of Person County, at the Spring Term, 1846, his Honor Judge SETTLE presiding. The lessor of the plaintiff claimed the land in controversy, under a judgment and an execution against the |