Certiorari—Excess of Jurisdiction—Execution Sale of Money in Hands of Treasurer—Return of Satisfaction—Order to Pay Purchaser Unauthorized.—When money ordered to be delivered to the owners of property sold at partition sale was delivered to the clerk for them and by him turned over to the treasurer, and upon execution sale of the money of one of the owners, it was sold while in the custody of the treasurer, without being delivered, and upon payment of the amount of the money by the purchaser, the execution was returned satisfied, the court had no jurisdiction after such satisfaction, to order the money in the hands of the treasurer to be paid to the purchaser. [Per Hart, J.]

Id.—Duty of Sheriff and Treasurer—Rights of Judgment Creditor—Supplementary Proceedings.—It was the duty of the sheriff when making the levy to have taken actual possession of the money merely deposited with the treasurer for safekeeping, and which was not held by him in custodia legis, and it was equally the duty of the treasurer to have turned the money over to the sheriff, when the levy thereon was made. But when the treasurer refused to deliver the money, it was the duty of the sheriff either to return the execution unsatisfied, or to hold it up without return, until the judgment creditor could institute supplementary proceedings to bring the treasurer before the court to answer concerning the money. [Per Hart, J.]

Id.—Sale of Money in Other Hands Anomalous.—The execution sale of money levied upon as the identical money growing out of the sale of the property, under the decree in the partition • suit, which remained in th'e hands of the treasurer, and which was neither a debt nor a credit within the meaning of subdivision 5 of section 542 of the Code of Civil Procedure, is an anomalous proceeding, without apparent precedent. [Per Hart, J.]

Id.—Failure of Sheriff to Deliver Property Sold.—If the sheriff has failed to deliver to the purchaser the property sold, the purchaser must look to the sheriff for the delivery of the same to him. [Per Hart, J.]

Id.—Duty of Sheriff not Litigarle in Action After Return of Execution.—The duty of the sheriff to deliver the property sold to the purchaser, after he had fully executed his duty under the writ, and has returned the same, cannot be litigated in the action in which the judgment was obtained, which does not in any eonceivable way concern Ms duty to deliver the property sold under the execution. [Per Hart, J.]

Id.—Certiorari not Permissible to Annul Appealable Orders.—The order of the court made after judgment in the action in which the execution sale of the money was made, directing the payment of the money to the purchaser, even if in excess of jurisdiction, is appealable, and the writ of certiorari cannot be allowed to annul the same.