
    JAMES S. BEARD ET AL. v. D. M. TAYLOR.
    Knoxville,
    June Special Term, 1875.
    EXECUTION. Money paid on, conditionally not recoverable; demurrer to bill.
    Where an officer collects money on an execution under a promise to refund it to the debtor if a supersedeas should be issued and notice received by a given day, such contract cannot be enforced because it is contrary to law and public policy, it being the officer’s duty at once to pay the money over according to law. A demurrer will lie to a bill by the debtor seeking to recover back the money so paid
   McFarland, J".,

delivered the opinion of the court.

The bill charges that the defendant Taylor, had an execution. from this court against the complainant Beard; that he, Beard, paid the money to Taylor under a promise of Taylor’s to refund the money in the event a supersedeas from the supreme court of the United States should come, and he receive notice by a given day; that the supersedeas did come, but Taylor refused to return the money, but has been speculating and loaning it, etc. The bill makes other allegations as to subsequent dispositions of the money.

We think the'demurrer should have been sustained. If Taylor collected the money under execution it was his duty at once to pay it over according to law, and if he made the contract alleged, it cannot - be enforced because it is contrary to law and public policy.

Reverse the decree and dismiss the bill.  