
    The Treasurers of the State of South Carolina, v. Edward Burch and others, securities of A. M’Donald, Sheriff of Chesterfield.
    This was an action on the official bond of the Sheriff' against his securities. The declaration charged as a breach of the condition that the sheriff had collected money on certain executions which had been assigned to the real plaintiffs, (Prince and Dubose,) that he had confessed judgement to the said plaintiffs for the money thus collected, on which a fi. fa. had issued and been returned nulla bona: Held, that the record of. the confession of judgement was a sufficient admission by the sheriff’ that the money collected by him was for the use of the Pontiffs, on which to charge his securities, and it was therefore unnecessary to furnish any other proof of the assignment of executions ; that the securities had the right to have proved that the confession of judgement was fraudulent, or .made when the sheriff was non compos, or any other fact shewing that it was not entitled to confidence ; but until this is done, it must be regarded as full proof of the allegations in the declaration. Treasurers v. Bates 2 Bail. 380.
   Per O’Neall, J.

denying motion for nonsuit, and confirming the decision of Mr. Justice Richardson at Chesterfield, Fall Term, 1834.

Johnson, J. and Butler, J. (sitting for Harper, J.) concurred.  