The case was this. An execution, tested the 23d of September, 1841, issued on a judgment obtained by the plaintiff against the defendant, before a magistrate, came to the hands of the Sheriff of Randolph, who on the same day made return thereon, that he had levied on the goods and chattels of Branson, one of the defendants, and also on three tracts of lands adjoining each other and the lands of other persons in the return named, on one of which the said Branson lived.
Decided 1843-06-05
GastoN, J.
¶1
We are of opinion that the Court properly refused the writ prayed for. Without considering several other objections, and apparently grave objections, which stand in the way of the remedy pursued by the plaintiff, it will be sufficient to state, .that the provisions of the acts of 1794 and 1803, as embodied in the Revised Statutes, ch. 62, sec. 16, are explicit, that a justice’s execution shall not be levied on land, except where there is a want of goods to satisfy it, and if any goods be seized, and a levy made on land, because of the insufficiency of these goods to discharge the execution, the return of the officer shall set forth “ what money he has made of the goods,” and what land he has levied upon. The intention of the Legislature is manifest, that no proceedings shall be had for a sale of the land,’ except it be the return of a levy thereon, until the goods seized shall have been disposed of.
¶2
The judgment of the Superior Court is affirmed.
