This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1727 Excerpt: ...Dalton, cap. 6i» and new Ret. Brev. from 2J2 to 269. 1 Of Restittt-®f Restitution to Lands or Goods seised by the Shetion. r'ff after Reversal of the Judgment, in what Ca ses it shall be, and in what not. If a Man recover Damages, and had Execution by Fieri sac', and upon a Fieri sac' the Sheriff Upon fe"s t'ie Term frr Years to a Stranger, and after Sale of a the Judgment is reversed, he shall only be restored Term on-to the Money for which the Term was fold, which ly to the was by Default of the Party, and not of the Term Money. k self; because the Sheriff had sold this by Command of the Writ of Fieri sac. Dyer 363. 8 Rep. 143. Dr. Drurys Cafe, 19. b. Matthew Mannings Cafe. 5 Rep. 90. b. Hoe's Cafe. UponRe-Goods of a Man outlawed be fold by verfal of the Sheriff upon a Capias Utlagatum, and after the Outlawry Outlawry is reversed by Writ of Error, he (hall be restored to the Goods themselves; because the Sherift' was not compilable to fell these Goods, but only to keep them for the Use of the King. 5 Rep. 90. Hoe's Case. Only to But upon Fieri sac' he shall have Restitution theValue.only to the Value: I. Else none would buy. Must le-2. By Fieri sac the Sheriff is compellable to vy the jeVy tbe Debt upon the Goods: One is compulfio, the other u'olumas. 8 Rep. 143. Doctor Drury's Cafe. Hhgit up-If a Man recover Damages (as suppose in a onbama-Writ of Covenant) against B. and had Elegit of ges. hjs Chattels, and of the Moiety of his Lands; and the Sheriff' upon this Writ delivers a Lease for Years of Land which B. had, to the Value of 50/. Part of the Sum recovered, and after B. reverfeth the Judgment j he shall be restored to the Term it self, and not to the Value. For tho' tht the Sherift' might have fold the Term upon this Writ,-yet here is...
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