case coriton against thomas Hilary term James roll in c b a action of debt  will not lie against a sheriff for false return to a elegit that he have  appraise the good and extend the land name and deliver they to the plaintiff  ante godb roll Rep bridge cro car sand hob Cowp error of a judgement in the  common plea in debt by Thomas whereas before he have bring debt for forty  pound against I S and have judgement to recover the debt against he and have  take forth a elegit that the defendant be sheriff return thereupon that he  have by such a jury appraise such good in specie to the value of forty pound  and have extend such land which good and land he deliver to the say Thomas the  plaintiff where in fact he never deliver they to the plaintiff per quod action  to grow progressively to demand that forty pound c the defendant plead non  debet and find against he and judgement for the plaintiff and error assign  because no action of debt lie in this case for it be not any debt in the hand  of the sheriff nor be there any cause to maintain this action for if he have  not deliver the good he shall have his action upon the case for his false  return henden sergeant cite a judgement in the common plea where in the case  of on e pike in the James the sheriff upon a to know facias return that he  have sell the good for so much money which he have deliver to the plaintiff  and the plaintiff thereupon aver that he have not the money maintain a action  of debt a the reason of this doubt as express in Hobart be that the judge be  all of opinion that there be no material difference between this case and the  case of Windsmore v Hubbard so that both judgement can not well stand together  hob croak James er p the court hold that this differ from the case in question  because there the sheriff by his return confess he have sell the good and  deliver the money but here it be not return that he meddle with the good or  with the value of they so as there be not any certainty to charge he wherefore  the judgement be reverse