Supreme Court of Alabama January 15, 1848 (Graham v. Chandler)

ORMOND, J.

In Westmoreland v. Hall, 11 Ala. R. 127, we held, that a motion for failing to return an execution, issued by the orphans’ court, which was made returnable on a *830day appointed by the orphans’ court for the return of process, would not lie against the sheriff, and it is said, that “ if the party in whose favor a decree of the orphans’ court is rendered, would avail himself of the