Legal Opinion

Kelly v. Lank

Court of Appeals of Kentucky

Decided October 31, 1846PublishedCited by 4 opinions

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

  1. Bledsoe's devisees v. WellsCourt of Appeals of Kentucky · 1816
  2. Riddle v. MossSupreme Court of the United States · 1812
  3. Trigg v. Lewis' ExecutorsCourt of Appeals of Kentucky · 1823

3Cited by4 opinions

  1. Biscoe v. SandefurSupreme Court of Arkansas · 1854
  2. Oexner v. LoehrMissouri Court of Appeals · 1906
  3. Douglas v. TwomblySupreme Court of Arkansas · 1867
  4. Miles's Ex'r v. StoneCourt of Appeals of Kentucky · 1877

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