Hale v. Vanarsdale
Hale v. Vanarsdale
Opinion of the Court
Opinion by
The lien created by the execution by the sheriff of the bond prescribed by Sec. 3, Article 9, Chapter 83 of the Revised Statutes, applies only to the revenue and public dues, for which the sheriff is bound directly to the commonwealth. The entire chapter is devoted to the revenues and public dues to be annually collected for the payment of the expenses and debts of the state.
The county levy or revenues is secured by the bond executed pursuant to Sec. 3, Article 2, Chapter 26, of Revised Statutes. The statute does not give to the county a lien upon the real estate of the sheriff. The right of the county to sue on the bond is provided for
The rights of the county courts are like those of the county creditors and not greater or more comprehensive.
The language of the statute providing for the lien in favor of the commonwealth does not authorize the conclusion that it was intended that counties should also have a similar lien.
The quietus of the auditor which relates only to the revenues and public dues of the state, extinguishes the lien, and leaves the sheriff’s realty as free from encumbrance as though no bond had ever been given. The demurrer to appellants’ petition was properly sustained.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.