case WILLBRAIIAM against snow see S C wms S e r with note a sheriff may  maintain either trover or trespass for good take out of his possession after  seizure by virtue of a fierifacias for he have a special property in they  after seizure but in trover he can only recover the value of the good and not  as he may in trespass damage for the tortuous take S C sand S C side S C vent  c lev S C keb sand Clayt Mod cro James cro car salk Mod Mod ld raym stram  stram burr Rep bull n p will term Rep trover and conversion upon issue not  guilty the jury find a special verdict videlicet that one Talbot recover in a  action of debt against Wimb and have a become facias direct to the sheriff of  Chester whereupon the sheriff take the good into his possession and that be in  his possession the defendant take they away and convert they c the sole point  be whether the possession which the sheriff have of good by he levy upon a  execution be sufficient to enable he to bring a action of trover winnington I  conceive the action do not lie a action of trover and conversion be a action  in the right and two thing be to be prove in it videlicet a property in the  plaintiff and a conversion in the defendant I confess that in some case though  the plaintiff have not the absolute property of the good yet as to the  defendant be a wrongdoer he may have a sufficient property to maintain the  action against he but I hold that in this case the property be not at all  alter by the seizure of the good upon a become facias for which he be cite  dyer and air v Aden Yelv a see S C more cro James Dalton sheriff adjudge  contrary to the report of it Yelv a this case be somewhat like that of  commissioner of bankrupt they have power to sell and grant and assign but they  can bring a action their assignee must bring all action it be true a sheriff  in this case may bring a action of trespass because he have possession but  trover be ground upon the right and there must be a property in the plaintiff  to support that whereas the sheriff take the good by virtue of a naked  authority as when a man devise that his executor shall sell his land they have  but a naked authority curian the sheriff may well modern have a action of  trover in this case as for the case in Yelv there the sheriff seize upon a  become facias then his office determine then he sell the good and the  defendant bring trover and it be hold that the property be in the defendant by  reason of the determine of the sheriff office and because a new become facias  must be take out for that a sale set forth can issue to the new sheriff they  compare this case to that of a carrier who be Accountable for the good that he  receive and may have trover or trepass at his election Twisden justice say the  commissioner of bankrupt may have a action of trover if they do actual seize  any good of the bankrupt as they may by law Rainsford justice say let the  property after the seizure of good upon a execution remain in the defendant or  be transfer to the plaintiff since the sheriff be answerable for they and come  to the possession of they by law it be reasonable that he shall have a ample  remedy to recover damage for the take of they from he as a carrier have that  come to the possession of good by the delivery of the party Moreton justice  say if good be take into the custody of a sheriff and the defendant afterward  become bankrupt the statute of bankrupt shall not reach they which prove the  property not to be in the defendant Twisden justice I know it have be urge  several time at the assize that a sheriff ought to have trespass and not  trover and counsel have press hard for a special verdict modern er p Moreton  justice my Lord chief justice Brampston say he will never deny a special  verdict while he live if counsel do desire it b judgement be give for the  plaintiff b