State ex rel. Warder v. Page

Chase, Ch. J. delivered the opinion of the court. The writ of error operates as a supersedeas from the time of filing the bond; and if no sale was then made by the sheriff, it prevents and stays him making sale. The court therefore refuse to order a venditioni expo-nas in this case. The sheriff has a special or qualified property in the goods seized under a fieri facias; they are from that time in the custody of the law, and the property is not absolutely altered until a sale made by the sheriff. Motion heeusexh. (a) Footnotes [(a)] The decision given in this case was overruled by the Court of Appeals at December term 1806, in the case of Beatty’s adm’rs vs. Chapline.