
    STANLEY, FOR THE USE, &c. v. LUCAS, SECURITY OF WOOD.
    Debt — appeal bond — security—showing property.
    It is not sufficient to exonerate a security upon an appeal bond that he informed the sheriff having an execution against the original, debtor, of property sufficient to satisfy the judgment.
    Debt upon a bond given to appeal a judgment of the Court of Common Pleas, against Wood. The defendant pleaded several pleas; the eighth of which was, that the defendant in May, 1819, informed the sheriff (who had an execution against Wood on the original judgment) of property of Wood more than sufficient to satisfy the judgment. To this there was a general demurrer and joinder.
    
      Rrazee, for the demurrant,
    contended that showing property without a levy was no bar.
    
      T. Scott, contra.
   Wright J.

delivered the opinion of the Court. It is very clear that a security upon an appeal bond cannot exonerate himself from liability on the bond, by barely informing the officer having an execution upon the original judgment against the principal debtor, that the debtor has property. In this case the plea goes no further. It does not show that the plaintiff was advised of the property, or that in fact there was any; but only relies upon the fact that the defendant said to the officer that there was property.

Demurrer sustained.  