
    Wilson Hunt against William M’Clure.
    Court will not sat aside fi.fa. executed on lands at the plaintiff,s instance without some ground.
    A Testatum Ji. fa. had issued in this cause to Alleghany county, on which certain lands had been levied, and an inquisition had found that the rents and profits would pay the debt and costs in seven years.
    Mr. Tngersol! for the plaintiff, now moved to set aside the execution on his client’s paying the costs, alleging that goods had been discovered ivhich would satisfy the debt and save the defendant’s lands to him.
    But the court refused the motion. Some ground must be shown to Avarrant the court’s interposition, after the plaintiff has chosen to proceed in a certain Avay. A fi.fa. executed is a satisfaction of the debt, but it is otherwise of a c«. sa. 5 Co. 87, a. 2 Ld. Raym. 1072. 1 Burr. 584.
    The plaintiff afterwards produced au affidavit, which showed that the lands could not possibly pay the debt by extent, including the interest due thereon. Whereupon the court quashed the execution, at the costs of the plaintiff.
     