Sanders v. Watson
Supreme Court of Alabama
Writ of Errror to the Chancery Court of Perry. Before the Hon. D. G. Ligón. The plaintiffs in error file their bill, alledging they became securities for Richard P. Watson, as deputy post master at Marion, in the county of Perry, and that suit was instituted against him as principal, and against the complainants as securities, for a default in the condition of the bond, and a recovery was had against all, and they have paid over two hundred dollars on the judgment.
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Writ of Errror to the Chancery Court of Perry. Before the Hon. D. G. Ligón. The plaintiffs in error file their bill, alledging they became securities for Richard P. Watson, as deputy post master at Marion, in the county of Perry, and that suit was instituted against him as principal, and against the complainants as securities, for a default in the condition of the bond, and a recovery was had against all, and they have paid over two hundred dollars on the judgment. That Watson conveyed all his property, real and personal, under his control, to his relations, and has removed from the State,…
1Opinion of the CourtDargan, J.
The only question we need examine is, has a court of chancery jurisdiction under the circumstances declared by the bill. The judgment recovered by the United States, was joint, against all, and the payment extinguished it, the complainants are therefore simple contract creditors. See 1 Dev. & Bat. 366; Foster v. The Athenæum, 3 Ala. R. 302; 6 Ala. Rep. 797. Being simple contract creditors, their debt is purely legal, and they have no lien on the property sought to be subjected to its payment. The ground on which it is attempted to sustain the jurisdiction of the court is, that Richard P.…
2Cases cited3 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Moore v. SimpsonCourt of Appeals of Kentucky · 1824
- Morrison v. MarvinSupreme Court of Alabama · 1844
3Cited by13 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Knighton v. CurrySupreme Court of Alabama · 1878
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
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