
    MOLLOY’S EXECUTORS vs. M’DANIEL.
    Detinue for two negroes. Judgment for the negroes or their assessed value, in case they could not be had, and damages for their detention, had been obtained. Upon this judgment a distringas for the negroes detained issued, and a ca. sa. for the damages. The sheriff returned, he had committed the defendant upon the ca. sa. and levied the distringas upon some negroes, and a house and lot.
    On the return of a Distringas issued on a Detinue, the property not having been delivered, a fi. fa. will be warded.
   Upon motion of Whiteside for the plaintiffs, the court consisting of Campbell, j. & White, j. ordered, that a fi. fa. issue instead of an alias distringas. No opinion was given whether a fieri facias could issue in the first instance; but after a distringas had failed of its effect, there could be no doubt, that a fieri facias might issue.  