Shell v. Huddleston

2 Tenn. 39

• Court: Tennessee Superior Court for Law and Equity
• Decided: April 6, 1809
• Status: Published

Opinion

Per Curiam.

If the jury should be of opinion, that the defendant levied on the same execution a second time, after it had been satisfied by the first levy ; and that the plaintiff assigned the note to relieve his property from execution, they ought to give a verdict for the plaintiff. But otherwise, if the plaintiff voluntarily assigned the note, without any restraint whatever. The execution should have been, returned within twenty days after it issued, but not returning it in time, would not vitiate the proceedings under it. It was not made to appear when the constable levied on, and sold the property. The law will presume it was correctly done, that is, before the expiration of the twenty days allowed by law for the return of the execution.