Lumsden v. Leonard
Supreme Court of Georgia
Principal and security. Debtor and creditor. Before Judge James Johnson. Talbot Superior Court. March Term, 1875. Reported in the opinion.
1Opinion of the Court
Jackson, Judge.
1. Leonard obtained judgment against Sand ford, principal, and Lumsden, security, in 1866; & fi.fa. was issued thereon and levied upon seven bales of cotton; this cotton was delivered to the principal, Sandford, as whose property it was levied upon. Leonard, so far as appears from this record, took no steps to recover the cotton or to get the money from the sheriff. We think the sheriff represented the judgment creditor, and his act in giving up the cotton was the act of Leonard, and discharged the surety to the extent of the value of the cotton. If plaintiff was not at fault…
2Cases cited1 opinion
- Hain v. MartinSupreme Court of Pennsylvania · 1836
3Cited by18 opinions
- Brown v. ChambersTexas Supreme Court · 1885
- Davenport v. State Banking Co.Supreme Court of Georgia · 1906
- First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
- Williams v. KennedySupreme Court of Georgia · 1910
- Francisco v. SheltonSupreme Court of Virginia · 1889
13 more not listed; retrieve them via the Exa API.