Arthur v. Batte

Gould, Associate Justice.

The plaintiff in error, on July 29, 1871, brought this suit to enjoin the defendant in error, and the sheriff of Marion county, from further proceedings under an order of sale issued on a judgment rendered in the District Court of said county on May 19,1871, in favor of defendant, Batte, against one W. V. Hughes.

The petition alleged that the plaintiff, Arthur, in the year 1867, recovered a judgment in the United States Circuit Court at Tyler against said Batte, as one of the sureties on a claim bond regularly forfeited, by which forfeiture it was alleged that said…