Wells v. Benefield

Sheriff's return — amended—explained—not varied by return on another 'writ. The return by a sheriff on process, is prima facie evidence against him. Courts may permit returns to be amended according to the trouble, and perhaps will admit explanatory .evidence. But a sheriff who has returned a levy cannot by return on a venditioni ex-ponas that the levy was not made, exonerate himself; such return is a mere certificate of a party to a suit, and not evidence in his favor.

Debt upon an appeal bond. Plea, that execution had been sued out on the judgment against the principal debtor, which was levied upon 200 cords of bark, of value more than sufficient to satisfy the judgment, and which remained on hand unsold. Replication, that all the property levied upon was sold, and was sufficient to satisfy the judgment. On this replication issue was joined. To prove the issue for the defendant, he offered in evidence a writ of fi. fa. with a levy upon 200 cords of bark, returned upon it by the sheriff, which remained unsold for want of time. The jfiaintiff then offered a writ of venditioni exponas, sued out upon the levy, and the return of the sheriff that he had sold 20 cords of bark, and that the remaining 180 cords had not been levied upon. This was objected to by the defendant, as far as it regarded the 180 cords, as not being evidence.