case clerk against wither sheriff c distinguish Stimson v Farnham l r Q b if a  sheriff levy good under a become facias and before sale his office expire yet  the defendant can not reclaim the good although the plaintiff die before the  return of the writ for the defendant be complete divest of they by the levy  and the sheriff though out of office may sell they without a vevditioni set  forth or if be will not be may be compel b a distringa direct to the new  sheriff S c salk S c Mod S c holt S c ld ray the case be this a recover three  hundred pound as administrator of I S against the plaintiff clerk and  thereupon sue out a become facias to the sheriff of Middlesex who levy good  sufficient a before the return of the modern report writ die the good remain  in the sheriff hand pro diminution buyer the sheriff go out of their office  and new one be make clerk bring a to know facias against one of modern report  er p the old sheriff in the common plea to have restitution of his good and  judgement be there give against he whereupon he bring a writ of error in the  queen bench gold justice say judgement ought to be affirm because Mr clerk be  discharge of the debt for he may plead levy c a Lut cro car roll a it be plain  he say the sheriff may sell the good though he be out of his office as in the  case of air v Aden b cro James S c more S c Yelv S c Danv Abr b and Cleve v  veer c Jones S c cro car c for so soon as the sheriff have seize he have such  a property as that he may maintain trespass or trover against the owner  himself as in the case of tyril v bash d cro Elizabeth d and after a become  facias or elegit execute if the plaintiff die the administrator or in this  case the administrator de good non shall have the good or a action against the  sheriff and it be not like a extent where a liberate must go powys justice  agree with gold justice and so do Powell justice and say the to know facias do  not lie e see Mildmay v smith sand that if the sheriff suffer the good to be  rescue a to know facias lie against he after he be out of his office e because  the execution be in part execute by levy the good in the life of the  administrator and if one sheriff levy the succeed sheriff shall not go on with  it but the old sheriff for after once good be levy it be not a supersedeas but  only a writ of error can stop the completion of the execution beside here be  no further award of the court for a sale set forth be no award of the court  then if it be ask what shall become of the money when it be bring into court  it shall be as money recover in the intestate lifetime and shall go to such  person as the court shall be apprise have right to it by administration de  good non or otherwise holt chief justice be of the same opinion for no to know  facias lie after seizure nothing else be to be do by the sheriff to the  plaintiff but to bring the money into court at the return of the writ and this  he may do notwithstanding the plaintiff death if the good be seize in his  lifetime then if after seizure the sheriff be out of his office yet he be bind  to make sale of they and to modern report say they be in his hand for want of  buyer be not a discharge but a excuse only for he have a authority to sell  without a sale set forth which be to compel he to do it a air v Aden cro James  S c Yelv jenner v Wilkins vezey Wilbraham v snow lev S c Mod a and the proper  remedy be by distringa to the new sheriff to distrain the old one to sell b  the Henry c be the very precedent see also Tidds practice pale yellow execute  b and shall return issue upon he if he do not c see Geo c and Tidds pract  impey pract c now if a sheriff have a authority without a sale set forth it be  unreasonable to force he by a compulsory writ to do it another sort of  distringa be in rastal d Rastals Ent d if a sheriff return good to a value and  then they be lose or rescue be be bind to make they good to the value return  and debt lie against he as in the case of Mildmay v smith e sand e before sale  the defendant be actual discharge for the good be take in lieu of the debt and  the plaintiff have no remedy but against the sheriff where a to know facias or  extent be sue out and before inquisition take the plaintiff die there upon the  return of the extent the administrator de good non shall not have a liberate  but otherwise if be die after inquisition take whereupon judgement in the  common plea be affirm modern report er p