Opinion
DECEMBER TERM, 1788.
THERE had been a levy upon lands by virtue of a Fi. fa. issued in this case, returnable to the present term; and now, on Levy's motion, the inquisition, which had been been held upon the value of the lands, was quashed.
It then became a question, whether a new Fi. fa. must be issued; or whether the Sheriff might proceed, after the return of the former writ, to take a new inquisition without further process?
I cannot perceive any thing in the act of Assembly which precludes the Sheriff from holding an inquest after the return of the Fi. fa; and I have always understood it to be the practice to do so. The present inquisition, being quashed for irregularity, becomes a nullity, and leaves the case just as if none had been taken.