1 Smith & H. 394
Decided November 15, 1849
Indiana Supreme Court · decided 1849-11-15
The appellant in this case filed a bill in chancery, which was dismissed on demurrer. The facts stated in the bill were as follows: In February, 1847, the complainant obtained judgment in the Cass Circuit Court, for 200 dollars, against Elizabeth Me Bean. On the 17th of the same month, a fieri facias issued on said judgment, and was levied by the sheriff, on the 23d of February, 1847, on a certain dower estate of the execution defendant.
Decided 1849-11-15
¶1— “ The complainant, at the death of said Elizabeth, had no lien on her personal property. We do not see how the Court can now create one for him. The lien which he might have had, if proper steps had been taken, was lost or never obtained, through his own negligence, or that of the sheriff, or clerk, or of all of them combined. If by his own, he can have no remedy. If through that of either of the others named, his remedy is against them.”
¶2Decree affirmed, &c.