Kelly v. Lank
Court of Appeals of Kentucky
Error to the Warren Circuit. &bt;. €ase 57.. Sirae'atated. The pleadings. One of the trustees to whor® debts have been assigned to pay creditors may give authority to one of a firm of unsatisfied and' prefered creditors to sue for the recovery of an assigned debt for his owív benefit without the assent of the-other trustee.
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Error to the Warren Circuit. &bt;. €ase 57.. Sirae'atated. The pleadings. One of the trustees to whor® debts have been assigned to pay creditors may give authority to one of a firm of unsatisfied and' prefered creditors to sue for the recovery of an assigned debt for his owív benefit without the assent of the-other trustee. A plaintiff suing upon a forfeited delivery bond given in a sister State, which by the laws thereof has the force of a judgment, is not bound to give oyer — the instrument is in custody of the law: (5 (Joke, 74, b. 76, a.; 2 Bibb, 330; 2 J. J. Marshall, 270.) Ia it a good…
1Opinion of the CourtChief Justice Ewing
delivered tlie opinion of the Court.
Lank and Stephens; for- the use of Brewster, brought asuit in'debt, upon a record of the-State of Mississippi, the object of which was to recover against Kelly, as suretyof Ferguson and Sibly, on a forthcoming bond, which purports to have been executed for the delivery of four slaves, levied on-as the property of Ferguson, on1 theday of sale, and which is avowed to have been returned by the Sheriff to- the Court as forfeited for the non-delivery of *221the property, as required by the statute of said State, which statute gives to the bond the force and effect…
2Cases cited3 opinions
- Bledsoe's devisees v. WellsCourt of Appeals of Kentucky · 1816
- Riddle v. MossSupreme Court of the United States · 1812
- Trigg v. Lewis' ExecutorsCourt of Appeals of Kentucky · 1823
3Cited by4 opinions
- Biscoe v. SandefurSupreme Court of Arkansas · 1854
- Oexner v. LoehrMissouri Court of Appeals · 1906
- Douglas v. TwomblySupreme Court of Arkansas · 1867
- Miles's Ex'r v. StoneCourt of Appeals of Kentucky · 1877