This bill charges that a judgment was obtained in the Hamilton Circuit Court in March, 1848, against Andrew McOallen, in favor of W. and 0. Fellows, for $794. That on the 31st of March, 1848, execution was issued on said judgment to the sheriff of Hardin county.

That said execution came to the hands of Lewis Lavender, sheriff of Hardin county. On the 26th of April, 1848, he levied said execution on Lot No. 6, in Elizabethtown, with its appurtenances, as the property of McCallen; that the certificate of levy was filed with the recorder of said county; that on the 28th of June, 1848, he sold said lot to one Wm. Potts for $117.50.

That the certificate of purchase was filed with the recorder of said county ; that at the October term of the Saline Circuit Court, 1852, one Lucinda Ralph recovered a judgment against the said Wm. Potts for $1,500. On the 15th of October, 1852, she caused execution to issue to Hardin county, against said Potts, and levied on said town lot No. 6, as the property of Potts, by the sheriff of said county of Hardin, and the certificate of levy was filed with the recorder on the 16th of October, 1852.

That on the 6th day of Dec., 1852, said sheriff sold said town lot No. 6, to one Charles Mott, for the sum of $100, and executed a certificate of purchase dated 6th Dec., 1852, which was filed with the recorder of said county. On the 13th day of March, 1854, Mott assigned his certificate of purchase to the complainant.

That Potts failed to redeem said lot No. 6, within the time required by law. The sheriff, on the 15th March, 1854, executed a deed to complainant; that said McCallen did not redeem said lot No. 6, sold under the execution in favor of W. and C. Fellows, nor did any judgment creditor.

That Potts became the owner of said lot No. 6, and thereby said lot became liable to the debts of said Potts ; that Lewis Lavender, sheriff of Hardin county, executed a certificate of redemption to McCallen, bearing date 28th July, 1848, which states that McCallen paid him $118.50 for the redemption of said lot, which was filed in the recorder’s office of said county 9th Nov., 1852, after the date of the levy of the execution in favor of Lucinda Ralph against Potts.

That McCallen, on 19th Nov., 1852, sold said town lot No. 6 to Emily Ann I. Lefler, wife of John H. Lefler, and filed with the recorder on the 14th Oct., 1852; that the certificate of redemption made by Lavender, sheriff, to McCallen, dated 28tli July, 1848, is charged to be falsely dated ; that said certificate was executed on or about the date of its filing with the recorder, 9th Nov., 1852; that McCallen and Lavender combined and confederated together, and dated said certificate back, for the purpose of defeating the levy and sale of execution in favor of the said Lucinda Ralph.

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