Legal Opinion

United States v. Duncan

Illinois Supreme Court

Decided December 27, 1850PublishedCited by 8 opinions

In the year 1835, Joseph Duncan, whose representatives are the defendants in this case, became one of the sureties of William Linn, receiver of public moneys- at Vandaba, in this State The principal having failed to comply with the duties imposed on him by law, the sureties became liable on the bond given to the United States. At the June term, 1841, of this Court, the United States recovered three several judgments at law, against the sureties.

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In the year 1835, Joseph Duncan, whose representatives are the defendants in this case, became one of the sureties of William Linn, receiver of public moneys- at Vandaba, in this State The principal having failed to comply with the duties imposed on him by law, the sureties became liable on the bond given to the United States. At the June term, 1841, of this Court, the United States recovered three several judgments at law, against the sureties. Duncan among others, for the aggregate sum of $29,191 05. At the time these judgments were obtained, none of the sureties, except Duucan, had any…

1Opinion of the Court

A sale of real estate of D., had taken place under a decree of this Court, O. became the purchaser of a piece of 1 aid, and paid the purchase money to the plaintiffs, but discovering that D. had no title to the land, made application to the Court to have the purchase money i eimbursed out of moneys of the plaintiff’s in Court; held, in the absence of fraud and unfair dealing, that this could not be done, but that being a judicial sale, 0. must take the consequences of a defect or failure of title; and that the remedy was in equity ag.dnsi D. or his legal representa!ives.

The acts of Congress,…

2Cases cited6 opinions

  1. Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
  2. Thelusson v. SmithSupreme Court of the United States · 1817
  3. Robert Y. Brent, Surviving of Robert Brent, Use of the United States v. The President and Directors of the Bank of WashingtonSupreme Court of the United States · 1836
  4. Beaston v. Farmers' Bank of Del.Supreme Court of the United States · 1838
  5. Seaman Field v. United StatesSupreme Court of the United States · 1834

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Copper Belle Mining Co. v. GleesonArizona Supreme Court · 1913
  2. Rock Island National Bank v. ThompsonIllinois Supreme Court · 1898
  3. In Re Caswell Const. Co.District Court, N.D. New York · 1926
  4. In re the Final Accounting of StilesNew York Surrogate's Court · 1926
  5. Kausler v. FordMississippi Supreme Court · 1872

3 more not listed; retrieve them via the Exa API.

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