The judgment must be affirmed. The duty of a sheriff, upon a fi. fa. was to pay the balance into court, or hold it subject to the claim of Mountflorence, unless it had been taken out of his hands by order of court. He did not collect the money by execution of the plaintiff, therefore it is not subject to his demand in this way. See Wils. ed. Bac. Ab. 715. n. 1. Cr. 117. But on suggestion of the parties it was continued on advisement.