But

The evidence is offered flatly to contradict the written expressions of the auditors, and is inadmissible on every principle of law. No mistake or fraud is suggested here. Could a sheriff, after he has sold and conveyed lands, and signed a receipt for the consideration money, be allowed to establish by his own oath, that he had not received the money, and thereby purge himself of all responsibility ?

The testimony of Patterson was overruled, and Pettit was received as a witness, and sworn.

Verdict for the plaintiff.