“This was an action of debt brought in the district court by the United States against the- defendants, upon a bond given by them to the United States, in the penalty of $5000. The district attorney, at the return term of the writ, entered up a judgment by default for the penalty, without assigning breaches, or calling for a plea, and issued a fieri facias for that sum, endorsed ‘$3373. 74 cents, the real debt due.’ This sum being raised under the venditioni exponas, and the sureties having been advised that they were not liable for the defaults of William White on account of the navy pension, and privateer pension funds, (which formed parts of the aggregate sum levied under the venditioni exponas), gave notice to the marshal not to pay over the money so raised to the United States; and upon the return of the writ, they moved the court for an order to the marshal to pay over to them so much of the money levied under the execution, as was claimed by the United States on account of the defaults of William White, as agent for the above funds, admitting that they were liable for the sum claimed in relation to the invalid pension fund.”