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 State, use Trspual k Cooke vs. Hammet and others. Error to Jefferson. In an action upon sheriff s bond. breach, Avering that an execution. .ssued from the Circuit Court of Pulaski county, reiurnable oa the Ist day of March, ls4l, came to the hands of the sheriff Of Jefferson county, the 18th day of December ls4o. that he levied the same upon certain property. but did not sell the property nor have the money on the return day of the writ, held insufficient; there was no term of the Jeff fersor circuit coat after the writ to the hands of the sheriff and before the return day The shor if can sell lands and slaves only the first day of the circuit court. This court is bound to take tice of the terms of the courts.

 The breach must set forth all the facts necessary 10 show that the officer guilty of an omission of daiy as when the defendant is entitled to retain possession of the property by giving delivery bond, the breach should negative the fact.

 Where an execution has been issued and levied, and the property not sold. EeHditioni exponAs is the proper process to enforce sale and DO, an alias execution. A memorandum endorsed uPoa an alias .f. .fa. tshowing the previous levy, &e.) cannot change the character of the writ.

 Each breach must be sufficient of itself. and can not be made by reference to the facts stated in others.

 Burton ys Hyason Error to Independence \ plea. piHs darriea eoatisRaace, is waiver of all previous pleas and if the judgment on the plea be asains, The defendant, il will be perempiory.

 Roane ct al. Trustees, &c. vs. Pickett surv. Ap- peal from Crawford, in chancery. Where credi- tor applies to eourt of equity for its aid in the eOl lection of his debt, simple allegation of the death of the principal debtor and his insolvency, will not excuse the omission to make his representatives party to the bill; but it must appear that he is destitute of all property that valuable portion of the debt could be made out of his estate.

 The grants, powers and privileges conferred up- on the original trustees of the Real Estate Bank, have passed entirely from them and vested in the residuary trustees.

 Hahbard vs. weich. Appeal from Hempstead in chancery. An afidavi, is necessary 10 give this court jurisdiction of cases by appeal and consent cannot dispense with the affidavit or confer juris- diction.