
    Richard Humphries v. Benjamin Hitchens.
    When stay of execution has heen granted for six months, on the application of the defendant in a judgment before a justice of the peace, upon the ground that he is a freeholder, it is not necessary that the plaintiff should make his affidavit within five days thereafter, that he is in danger of losing the benefit of his judgment, in order to obtain execution, but the same may be made at any time within the six months.
    Certiorari to Justice Veach. Judgment'was rendered on the 25th day of September, and on the same day, upon the application of the defendant, who was a freeholder, stay of execution was granted,and entered for six ’months. On the' sixth day of October following, the plaintiff" appeared and made affidavit before the; justice, that if the stay of execution was allowed, the sum due by the judgment would be lost, on which execution was issued.
    The error assigned was, that the affidavit of the plaintiff" should have been made within five days after the stay of execution had been granted on the freehold of the defendant, and that it had been issued illegally.
   But the Court

held otherwise, and that under the act, the "affidavit in such case may be made at any time within the six months after the stay of execution granted,. '

Judgment for defendant.  