
    Thomas R. M‘Clintock, Sheriff vs. James Graham.
    When a sheriff levies on personal property, it becomes his own, for all legal purposes. He can maintain-an action for it, even against the debtor himself, at any time before the sale, or satisfaction of the execution.
    When the execution is satisfied, if otherwise than by sale of the property, the right of the debtor recurs, and the right of the sheriff ceases to exist against him.
    
    The sheriffs right, still, however, until return of the property to defendant, remains against every other person, than the owner; for the owner looks to the sheriff ior a return of the property when the execution is satisfied; andllie sheriff may maintain trover against any, but the lawful owner,for a conversion.
    The plaintiff by virtue of an execution at the suit oí Ann Franklin, against John and Daniel Trussed for eighty odd dollars, caused a levy to be made on the following property to wit: 123 acres of land, a cotton gin, brushing machine, and running gear, a fann, and the Still, in question. Under this execution and the levy thus made, a sale had been effected of property to an amount exceeding one hundred dollars over and above what was necessary to pay the execution. The defendant took away the Still, and this action was brought by the sheriff to recover the value of it.
    The jury were told by the court (his honor Judge Gantt,) that the plaintiff, from his own shewing had no cause of action. That the law did give to the sheriff a qualified right, which would enable him to maintain trover for the conversion of property which had been levied on, but so soon «3 the object for which the levy was made had been effected there was no longer any lien on the remaining goods, nor any qualified right in the sheriff. That it did not appear from any evidence adduced, that the amount of sales under this execution had been applied to older executions, and in default of such proof, the testimony was conclusive, that the plaintiff had no cause of action.
    The jury found for the defendant.
    This appeal, was to set aside the verdict, for misdirection of the judge.
    
      R. G. Mills for the motion,
    
      Williams contra.
   Nott, J.

When a sheriff levies on personal property It becomes his own for all legal purposes. He can maintain an action for it, even against the debtor himself, at any time before the sale or satisfaction of the debt. When the execution is satisfied, if otherwise than by sale of the property, the right of the deb or recurs, and the right of the sheriff ceases 4o exist against him. ' It still however remaihs against every other person. The owner looks to the sheriff for a return of the property when the execution is discharged. And for that purpose the qualified property which he had acquired by the levy still continues. The defendant in this case does not appear to have any title. He is therefore a mere trespasser, and the defence which he sets up will not sustain his claim. It was of no importance therefore whether the execution was satisfied or not, unless the action had been brought against the lawful owner.

The motion must be granted,  