Legal Opinion

Ferguson v. Tutt

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 13 opinions

Error from Wycmdotte .District Oou/rt. Action byougbt by Thomas E. Tutt, Dent O. Tutt, and Jolm F. Boher, as plaintiffs, against Ferguson, as late sheriff of Wyandotte county, and the sureties on his official bond, to recover certain moneys 'received by Ferguson as sheriff.

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Error from Wycmdotte .District Oou/rt. Action byougbt by Thomas E. Tutt, Dent O. Tutt, and Jolm F. Boher, as plaintiffs, against Ferguson, as late sheriff of Wyandotte county, and the sureties on his official bond, to recover certain moneys 'received by Ferguson as sheriff. The petition alleged that in a certain action for the foreclosure of a mortgage, wherein M. Dively and others were plaintiffs, and W. T. Wheatley and Thomas F. Thatcher, and the plaintiffs herein, and others, were defendants, a decree was rendered by the Wyandotte district court in and by which decree it was ordered and…

1Opinion of the Court

The opinion of the court was delivered by

Yalentinb, J.:

This was an action on the official bond of P. S. Eerguson, late sheriff of Wyandotte county. James A. Cruise, John E. Zeits, and Isaiah Walker were the sureties of Eerguson. The plaintiffs below, (defendants in error,) allege in their petition in the court below among other things as follows: “On the 2d of October, 1865, a decree of foreclosure of a mortgage was rendered in the district court of Wyandotte county in an action wherein Michael Dively, Edward Terry and others, were plaintiffs, and Wilkins T. Wheatley, and these plaintiffs and…

2Cited by13 opinions

  1. Atkinson v. FooteCalifornia Court of Appeal · 1919
  2. Harvey v. FosterCalifornia Supreme Court · 1883
  3. Reed v. ArnoldSupreme Court of Kansas · 1872
  4. Iba v. Central Ass'n of WyomingWyoming Supreme Court · 1895
  5. Galbreath v. DroughtSupreme Court of Kansas · 1883

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