FOSTER, Justice.
This is an appeal by plaintiff in a summary proceeding against the sheriff of Chilton County for the failure to collect an execution issued on September 17, 1948. The sheriff, in response to the petition for a summary judgment, filed an answer setting up the facts with respect to the issuance of the execution and the reasons why it had not been collected. Those facts are substantially as follows: At the October Term 1944, this appellant obtained a...
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