Court of Appeals of Kentucky July 1, 1805 (Young v. M'Elroy)

Opinion of the Court, by

Ch. J. Muter.

THE sheriff was not authorised to judge of the validity of the delivery bond which he had taken, nor to make a further distress on the same execution; but if the delivery bond was materially defective, it might have been quashed by the court, and afterwards another execution could have legally issued.