16 S.C.L. 388
Supreme Court of South Carolina
Decided November 15, 1824
Supreme Court of South Carolina · decided 1824-11-15
This was an action of trover, for- two- slaves. It appeared in evidence that the defendant, as sheriff of Lancaster district, had levied two executions on the negroes in question. While they were thus under executions, the owner sold them to plaintiff in this action, subject to the lien which the sheriff had on, them. Previous to the day of s.ale, the plaintiff offered to pay the- money due on the executions, provided the sheriff would .deliver up the negroes to him.
Decided 1824-11-15
¶1The opinion of the court was delivered by
¶2The sheriff had a right to the negroes until the money was actually paid, — and until then, the plaintiff had no right to demand them. The sheriff was under no obligation to make any terms with him. If the money had been tendered, it would not have placed him in a better situation; for nothing - but actual payment would have released them from the lien by which they Were held.. The motion therefore must be refused. -