Young v. M'Elroy , 16 Ky. 19 ( 1805 )

Opinion of the Court, by

Ch. J. Muter.

THE sheriff was not authorised to judge of the validity of the delivery bond which he had taken, nor to make a further distress on the same execution; but if the delivery bond was materially defective, it might have been quashed by the court, and afterwards another execution could have legally issued.