¶1I concur in the result of this opinion, that the levy by the predecessor of the sheriff who sold, did not give him the right to sell, unless the negro had been turned over to him with the execution, and reserve the question, whether circumstances may not justify a sheriff in selling, although the property is not present.
2 Nott & McC. 392
Collins v. Montgomery
Supreme Court of South Carolina
Decided May 15, 1820
Supreme Court of South Carolina · decided 1820-05-15
This was an action of detinue, to recover a negro woman. Tried before Mr. Justice Riciiabdson, at-, May Term, 1816. The plaintiff sued as guardian of Thomas V. Collins, and upon the trial it was proved that John Hogan purchased the negro at sheriff’s sale, and conveyed her to plaintiff. The negro was not present at this sale, but had been levied upon by the former sheriff, who had not delivered her to his successor.
Decided 1820-05-15