
    Adams against Smith and Parmeter.
    
      fi. fa. against the defendants and endorsed saira^pontiie execution; perty1 tamed out to belong to a third person, who recovered its value in an action against the sheriff and the plaintiff jointly; the court ordered the endorsement stricken outj and that an alias fi- fa. should issue for the whole. Where the sheriff sold property on a
    The sheriff had sold certain personal property on a fi.fa. in this cause; and endorsed the amount of sales upon it as received. Afterwards, it turned out that the property did ' not belong to the defendants, or either of them, and the Ta-lue °f the property was recovered by the owner, in an action against the sheriff and the plaintiff jointly. A motion was now made, to strike out the endorsement; an¿ f0r leave to issue a fi. fa. for the whole amount of the J J judgment.
    
      P. L. Tracy, for the motion.
    
      R. Beach, contra.
   Curia.

The motion must he granted.

Motion granted.  