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ERWIN'S LESSEE v. DUNDAS ET AL.

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45 U.S. 58 (1845)

4 How. 58

11 L.Ed. 875

JAMES ERWIN'S LESSEE, PLAINTIFF IN ERROR, v. JAMES DUNDAS ET AL.

Supreme Court of United States.

December 30, 1845.

Attorney(s) appearing for the Case

The case was argued by Mr. George S. Yerger (in a printed argument) and Mr. Crittenden, for the plaintiff in error, and Mr. Clement Cox, and Mr. Sergeant, for the defendants.

Mr. Crittenden, after stating the case for the plaintiff in error, read the following opening argument by Mr. Yerger, viz.: —

Mr. Clement Cox, for defendants in error.

Mr Crittenden, for plaintiff in error, in reply.

Mr. Justice NELSON delivered the opinion of the court.

The first execution issued upon the judgment, in this case, was issued on the 18th of August, 1838, during the lifetime of both the defendants, and was therefore regular and valid; but, according to the return of the sheriff, a levy was made only upon the property of James, the surety, and was abandoned when the proceedings at law were enjoined by the bill in chancery. We may, therefore,

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