Wilkerson was the plaintiff in a fi fa against James W Cross for [dollars] 285.86 and mounted an action against Gill, the sheriff of Lee county, to compel him to show why he should not pay over [dollars] 180 he had in his hands from other fi fas. Gill stated in his defence that having seized Rhena, a slave of Cross's, the state of the county jail and the cold weather had compelled him to have her lodge in his house; she was subsequently abstracted from him, and he was forced to expend much time and money in tracking her down. These expenses balanced the money in his hands, which he felt justified in using for his own reimbursement. The court ruled in favour of Wilkerson and Gill appealed. The Supreme Court agreed with the lower court that Gill should have taken steps to ensure that Rhena was held securely and could not claim compensation after neglecting to do this, but pointed to his evidence that he had held an older fi fa levied on Rhena to reverse the verdict.
