
    MARTHA J. BULLEN, NEXT FRIEND, ETC., v. LOYD BULLEN AND B. F. EARNEST.
    Knoxville,
    September Term, 1877.
    CONVERSION. Beneficiary having received his money, is not liable for the clerk’s subsequent wrongful collection and conversion of the fund.
    Where the beneficiary of a fund for which notes were executed to the clerk and master, received the money from the debtor, after which the clerk and master wrongfully issued an execution from the judgment rendered on the notes, received the money, converted it, and defaulted, the beneficiary taking no part in such wrong’, is not liable to the debtor for the money, but the latter must look to the clerk and master for the same.
    Appeal from chancery court of Greene county.
    Robinson, for complainant; Logan, for defendant Bul-len; McKee, for defendant Earnest.
   Eeeeman, J.,

delivered the opinion of the court:

The only question in this cas© is, whether Earnest is liable for money which has -been paid to the clerk and master, on an execution wrongfully issued after the debt had been paid. The money had been received by the clerk and master, but not entered on the execution docket. The judgment was on notes given to the clerk and master, but Earnest would be entitled to the money when paid into court. The clerk used the money, and became a defaulter, but the amount claimed never came to the hands of Earnest. We need but say that there is no intimation of any wrongful pui-pose on the part of Earnest. We think it too clear, in this case, to admit, of discussion, that the plaintiff must look to the clerk and master for her money, and that defendant is not liable for it.

He has done no wrong, received no money. The clerk did the wrong, received the money, and converted it. Reverse decree, with costs.  