...sustained. That it was quite clear, if a sheriff MORLAND. levy under a fieri facias, he is liable to an action for money had and received at the suit of the party by whom the writ was issued, immediately on the levy being made. An action of this nature is...

...creditor having security. But I am disposed to go still further, and to say that the sheriff was liable to an action for money had and received at the suit of the creditor as soon as it was paid, and before the return of the writ. PARKE J. I think it clear that...

...retain the money thus obtained in satisfaction of the bankrupt's debt, but were liable to refund it in an action for money had and received at the suit of the assignees. And this judgment was affirmed in the Court of Exchequerchamber ; Eyre CJ delivering his...

...been discovered, the probate was set aside ; but it was held that the defendant had a good defence to an action for money had and received at the suit of the administrator, Ashurst, J. saying, "I am of opinion that the plaintiff has no right to call on the...

...administration. Held also, that, as the defendant was a wrong-doer in taking the money, h« tras liable in an action for money had and received at the suit of the husband. 390 1842. TUGMAN V. HOPKINS. might, by deed or will, appoint ; and, after her decease, to...

...therefore, the plaintiff had accepted this money, it might have been immediately recovered back in an action for money had and received, at the suit of the company. It is a payment by an unauthorised party. Therefore, sect. 160 has not been complied with....

...the mortgagor and his vendee. But surely there can be no doubt that the purchaser would be liable to an action for money had and received, at the suit of the mortgagee, where, as in Belvidere v. Rochfort, the mortgage debt constitutes part of the purchase money,...

...administration ; and that, as the defendant was a wrong-doer in taking the money, he was liable in an action for money had and received at the suit of the husband. Tindal, CJ, in giving judgment, after referring to Com. Dig. Baron and Feme (E. 3), said:...

...received.} A landlord, who has sold his tenant's goods, under a distress for rent, is not liable in an action for money had and received at the suit of the mortgagee of the goods to recover the overplus money in the landlord's hands ; the proper remedy being...

...Knatchbull, 2 TR 148. Under the statute the sheriff cannot take any other charge but for poundage. Id. ibid. An action for money had and received at the suit of the plaintiff, who has sued out &fi. fa. lies against the sheriff who executed it, if he retain more in...