EXECUTION.

1. PRODUCTION of a Justice's EXECUTION without the judgment is sufficient
to maintain an action by a constable, against a stranger, for taking the
goods seized thereunder. Spoor v. Holland, 37.

2. CONSTABLE'S INDORSEMENT on the execution is evidence to identify the
goods levied on, in such a case, and may be amended if insufficient for
that purpose. Id.

3. CONSTABLE'S DECLARATIONS are perhaps inadmissible to show what goods
were levied on in such an action. Id.

4. CONSTABLE CAN RECOVER ONLY THE AMOUNT of his execution in trover
against an assignee of the debtor who has taken the goods after levy.
Id.

5. LEVYING AN EXECUTION AND TAKING A RECEIPTOR change the posses-
sion of goods, in contempation of law without an actual removal. Phil-
lips v. Hall, 108.

6. OWNER HAVING INDEMNIFIED, the receiptor may recover the sum expressed
in the receipt as damages, in such a case. Id.

7. RECEIPTOR LEAVING THE PARTY IN POSSESSION and control of the goods
is liable as for gross negligence, if they are wasted or sold. Id.

8. RECEIPTOR IS ESTOPPED from denying the sheriff's right to the goods, and
can not set up title in a third person, except where they have been taken
from him by act of law, or, perhaps, by force.

Id.

9. RECEIPTOR HAS NO PROPERTY in the goods, being merely the sheriff's ser-
vant, but his promise to redeliver them is founded upon a sufficient con-
sideration, and may be enforced. Id.

10. STRANGER WHOSE GOODS ARE LEVIED ON, fraudulently claiming other
goods of the defendant in execution, is not thereby debarred from recov-
ering full damages for the illegal taking of the goods actually belonging
to him. Id.

11. JUSTICE'S EXECUTION IS VOID if made returnable in thirty days, when
the law prescribes ninety. Farr v. Smith, 162.

12. AN EXECUTION IS VOID when issued for a greater sum than warranted
by the judgment. Coltraine v. McCaine, 256.

13. A VOID EXECUTION will not justify acts done under it previous to being
set aside. Id.

14. A PURCHASE UNDER AN EXECUTION SALE is not affected by the fact
that the sale took place the day after the return day inserted in the
writ, but before the actual return, nor by an irregularity in the post-
ponement of the sale from the day first fixed upon. Otherwise if the
irregularities of the sale are so glaring and patent that they must have
been known to the purchaser. Mordecai v. Speight, 266.

15. PURCHASER UNDER EXECUTION is entitled to compensation for improve-
ments, under the occupying claimant laws. Sellers v. Corwin, 301.

16. PARTY PUT IN POSSESSION UNDER EXECUTION IN EJECTMENT, if again
disturbed, can not have another execution on the same judgment, but
must bring a new action. Hinton v. McNeil, 315.

17. IF PARTY OBTAINS POSSESSION WITHOUT EXECUTION, he gains thereby
the object of his suit, and can not afterwards have an execution. Id.
18. EXECUTION ISSUED ON AN ACTUAL JUDGMENT in favor of a surety against
his principal, on a bond given to indemnify the surety on a debt which

he has not paid, is neither erroneous nor irregular, nor is it fraudulent,
as being embraced by the statute 13 Eliz. Miller v. Howry, 320.

19. ON A LEVY OF AN EXECUTION ON PERSONALTY it is considered in Eng-
land a badge of fraud to allow the goods to remain in the debtor's pos-
session. Commonwealth v. Stremback, 351.

20. IDEM. It is not the practice in Pennsylvania to remove goods levied
upon under an execution. But it is not determined how long the debtor
may retain them. Il.

21. SUFFERING HOUSEHOLD GOODS TO REMAIN in the debtor's possession
when levied on under an execution is not a badge of fraud in Pennsyl-
vania. Id.

22. THE GOODS AND CHATTELS OF AN INNKEEPER, consisting of a quantity
of liquor, bar furniture, and beds for his guests, are not "household
goods" within the meaning of this rule. Id.

23. Á DIRECTION TO THE SHERIFF "TO STAY PROCEEDINGS until further
order. Levy to remain," under an execution upon personalty, being an
arrangement for the security of the debt, renders the lien of the execu-
tion of no effect as to third persons. Id.

24. JUDGMENT CREDITOR MAY COMPEL PAYMENT IN SPECIE, but must exer-
cise his right in good faith, and not to obtain an unconscientious advan-
tage over the debtor or other creditors. Farr v. Sims, 396.

25. SHERIFF's NOTICE OF SALE ON EXECUTION must contain the terms of
sale, as well as the names of the parties and a description of the property.
Id.

26. NOTICE OF A SALE FOR CASH is commonly understood to mean a sale for
current bills.

Id.

27. SALE FOR SPECIE UNDER SUCH A NOTICE is void for want of authority
in the sheriff.

Id.

28. PRESUMPTION IS THAT A PUBLIC OFFICER DOES HIS DUTY, but this pre-
sumption may be rebutted. Id.

29. ANY ACT PREVENTING COMPETITION among bidders at an auction, on
the part of the auctioneer or persons causing the sale, vitiates such sale.
Id.

30. SHERIFF'S SALE IS FRAUDULENT if made for specie without notice that it
will be so made, before the day of sale, where the creditor's object is to
obtain the property for less than it is worth, and where it appears that
a bona fide bid was made, in currrent bills of three times the amount, in
specie, for which the property was sold. Id.

31. INNOCENT PURCHASER at such a sale is affected by the fraud, and can not
set up his purchase to the injury of a creditor of the execution debtor.
Id.

32. SHERIFF IS THE AGENT of the purchaser at a sale on execution. Id.
33. PURCHASER HAVING NOTICE of the facts rendering a sheriff's sale frauau-

34. ANYTHING PUTTING A PURCHASER ON INQUIRY is notice in equity. Id.
35. PURCHASER AT SHERIFF'S SALE leaving the debtor in possession is a cir-
cumstance tending to show fraud. Id.

36. AN EXECUTION AT COMMON LAW operated only on legal rights and titles,
and not on equitable interests. Shute v. Harder, 427.

37. STAT. 29 CHAS. II., c. 3, SEC. 10, and the Stat. 5 Geo. II., c. 7, sec. 4,

extending the operation of the former to the colonies, are both in force
in Tennessee.

Id.

38. AN EXECUTION by virtue of such statutes may be levied upon direct
trusts raised by, or resulting trusts dependent upon, a conveyance, but
not upon trusts covenanted to be raised, nor upon constructive trusts. Id.
39. PURCHASER'S INTEREST IN LAND covenanted to be conveyed to him by a
bond for title, is not subject to the levy of an execution. Id.

40. REMAINDER IN A SLAVE, after a life estate therein, can not be sold upon
an execution at law during the continuance of the life estate.
Allen v.
Scurry, 436.

41. WHERE FIERI FACIAS ISSUED from different courts, bearing teste from the
terms at which they were rendered, are levied upon personal property,
the execution issued upon the oldest judgment is entitled to the first
satisfaction. Johnson v. Ball, 451.

42. STAT. 29 CAR. II., SEC. 3, is not in force in Tennessee, and executions
issued in that state relate to their teste, the same as in England before
the passage of that statute.
Id.

43. AWARD OF AN EXECUTION is a judicial and not a ministerial act. Id.
44. CAVEAT EMPTOR is the undoubted rule in relation to the sale of lands
under exccution, and there is no warranty of title at such sale, either
express or implied. Henderson v. Overton, 492.

45. EQUITY WILL NOT ENJOIN THE EXECUTION of a judgment in ejectment
at the instance of a party who purchased the land at execution sale, un-
der a void judgment; although the judgment in ejectment may have been
obtained by the judgment creditor in the execution sale against such
purchaser, upon a title acquired subsequent to such sale. Id.

46. PURCHASER OF LAND AT EXECUTION SALE, where the judgment on
which the execution issued is void, and the sale consequently void, may
recover from the judgment creditor the purchase money paid at such
sale. Id.

47. DEED AS BETWEEN THE PA TIES is valid without registration, and vests
an inchoate title in the grantee, which is subject to levy and sale by
execution. Vance v. McNairy, 553.

48. LEVY ON LAND IS SUFFICIENT, if it so describes the land as to distinguish
it from all other tracts. Id.

49. WHERE A DEED FROM THE SHERIFF constituting the purchaser's title, fol-
lows the sale, the same particularity of description is not necessary, as
would be required were the title to rest upon the levy. Id.

50. PURCHASER OF LAND HELD BY AN UNREGISTERED DEED at execution
sale, is clothed by the sheriff's deed with all the rights of the judgment
debtor, and it is the duty of the latter to deliver him the title papers, or
have the deed recorded; and if he suppress the deed, it will be consid
ered in equity as recorded; and, if he combine with a third person to de-
fraud the purchaser, the latter may come into equity for relief, and such
person may be divested of the title acquired by the fraudulent arrange.
ment. Id.

51. LIEN ACQUIRED BY THE LEVY OF AN EXECUTION may be lost, if there is
gross laches in not having the property sold in a reasonable time, or if
the property is released and time given to the defendant. Conway v.
Jett, 590.

AM. DEO. VOL. XXIV-51

52. LIEN WHICH A JUDGMENT CREDITOR ACQUIRES on the personal property of
his debtor by the levy of his execution, is not released so as to subject
the property to the levy of junior executions by an injunction, sued out
either by the execution debtor or third parties, unless the judge granting
the injunction requires security to be given for the judgment debt, and
such security is given. Id.

53. MONEY OF A DEBTOR IN HIS POSSESSION may be taken in execution, if
the officer can levy on it without a violation of the personal security of
the debtor. Prentiss v. Bliss, 631.

54. A SHERIFF HAVING COLLECTED MONEY on an execution can not apply it
in satisfaction of another execution against his judgment creditor. Id.
55. MONEY COLLECTED ON AN EXECUTION can not be attached while in his
hands as the property of the creditor in execution. Id.

56. A PERSON'S ONLY COW IS EXEMPT from attachment and execution, al-
though he reside in Canada, and the cow has casually strayed within the
state where the writ issues. Haskill v. Andros, 645.

57. AT COMMON LAW THE TESTE OF A FIERI FACIAS, issued at any time dur-
ing the term in which judgment was rendered, might be of the first day
of the term, and when so tested, it could be levied, nowithstanding that
the death of the defendant intervened at a date intermediate between
that of the teste and of the actual issuance. Collingsworth v. Horn, 753.
58. A FIERI FACIAS BINDS THE PROPERTY in the goods of the debtor from
the time of delivery to the sheriff.

Id.

59. THERE MUST BE REVIVAL BY SCIRE FACIAS of the judgment against the
intestate to justify execution thereon against the administrator. Id.
60. THE LIEN ORIGINATED BY THE FIERI FACIAS may be preserved and
continued beyond the time of return, by causing to issue, during the
term in which it is returned, of an alias writ.

Id.

61. EXECUTION ISSUED AFTER THE DEATH OF THE DEFENDANT, without pre-
vious revival of judgment, is voidable, not void. Id.

62. AN ALIAS WRIT OF EXECUTION, issued after the death of the defendant,
is regular, where the original, by which it was preceded, was issued dur
ing the life of the defendant, and the alias issues during the term in
which the original was returned. Id.

See SHERIFFS' Deeds.

EXECUTORS AND ADMINISTRATORS.

1. WHETHER THE REPRESENTATIVES OF A DECEASED CO-ADMINISTRATOR
can be made liable for the assets or goods of the intestate, which came
exclusively to the possession and management of his surviving co-admin-
istrators and co-obligors, who have settled their administration account,
in which they alone are charged with the amount, quære. Potts v. Smith,

359.

2. PERSONAL PROPERTY OF INTESTATES, history of the law of, traced, per
Kennedy, J.

Id.

3. AN ADMINISTRATOR DE BONIS NON can claim no power or authority over
the goods, debts, etc., of the decedent, except over such as remain in
specie.

Id.

4. IDEM.-The collection of debts due to the testator or intestate, or dispo
sition, change, or alteration of the goods, made by the executor or ad.

ministrator, would protect them from the claim of the administrator de bonis non as unadministered goods. Id.

5. THE ADMINISTRATOR DE BONIS NON is entitled only to such goods or chattels of the testator as remained in specie in the hands of the executor at the time of his death, or to such money as belonged to the testator's estate, and had been kept by the executor separate and unmixed with his own. Id.

6. AN ADMINISTRATOR DE BONIS NON can not maintain a scire facias upon a judgment on an administration bond to recover a balance due the estate from the original administrator. Id.

7. AT THE COMMON LAW, upon the death of person dying intestate the whole of the personal estate belonged to the ordinary, or bishop, to be disposed of by him, according to his conscience, to pious uses. Id. 8. BY STATUTE 31 EDW. III., the ordinary was required to appoint the next and most loyal friends of the intestate to administer his goods. Id.

9. UNTIL THE STATUTE OF DISTRIBUTION, administrators stood on the same footing as executors, or better, because they had no legacies to pay, with regard to the surplus of the personal estate of the deceased, after pay. ment of all his debts; that is, entitled to it as absolute owners. Id. 10. WHERE EXECUTORS OR ADMINISTRATORS DIE WITHOUT PAYING the debts of their decedent, and have changed the specific character of the goods or debts of the estate, the creditors may recover the funds so converted from the personal representative of the executor or administrator. Id.

11. PAYMENT OF COSTS BY EXECUTORS OR ADMINISTRATORS.-Wherever an executor or administrator brings an action in autre droit, that is, founded upon a transaction which arose in the life-time of the testator or intestate, and fails, he shall not pay costs; but if for a cause to which he himself was a party, although the fruits of the suit, if successful, would be assets when recovered, yet if he fails he shall pay the costs out of his own pocket. Id.

12. A CREDITOR MAY SUE ON AN ADMINISTRATION BOND under the law of Pennsylvania, and also, it seems, by the law of England. Id. See LEGACIES AND LEGATEES, 17, 18, 19, 20.

EXEMPTIONS.

See EXECUTIONS, 56.

FORGERY.

1. FORGERY AT THE COMMON LAW was the false making of a note or other instrument with intent to defraud. Hill v. State, 441.

2. WRITING A NOTE FOR A PERSON, inserting a larger sum than the real amount due, and falsely and fraudulently reading it over to him, as for the latter amount, with a view to defraud and injure him, is not forgery. Id.

FRAUD.

1. POSSESSION OF PERSONAL PROPERTY retained by the vendor after an absolute sale is prima facie evidence of fraud, but not fraud per se. Callen v. Thompson, 587.

2. TO IMPEACH A SALE FOR FRAUD, the fraud must be specially pleaded.

Davis v. Hooper, 751.

See EXECUTIONS, 21, 30, 31, 33, 35.