Walker v. Shotwell
Mississippi Supreme Court
On appeal from the circuit court of Madison county, on the chancery side thereof; Hon. Robert C. Perry, judge. Robert Shotwell, John R. B. Jones, and Jackson Smith, filed their bill against James Walker and the administrators of Williamson Smith and Jesse Brown, in which they allege, that on the 28th day of February, 1844, they executed, as securities for Williamson Smith, a bond, purporting to be a forthcoming bond, and delivered it to Brown as deputy sheriff.
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On appeal from the circuit court of Madison county, on the chancery side thereof; Hon. Robert C. Perry, judge. Robert Shotwell, John R. B. Jones, and Jackson Smith, filed their bill against James Walker and the administrators of Williamson Smith and Jesse Brown, in which they allege, that on the 28th day of February, 1844, they executed, as securities for Williamson Smith, a bond, purporting to be a forthcoming bond, and delivered it to Brown as deputy sheriff. That said bond recites the service of an execution in favor of James Walker against Williamson Smith and John Webb, on the property…
1Opinion of the CourtChief Justice Sharkey
This bill was filed to obtain relief against a statutory judgment, which accrued by virtue of the forfeiture of a forthcoming bond. The first ground made by the bill is, that the bond recites that the levy was made under an execution in favor of Walker against Williamson Smith and John Webb, when in truth the execution was against Smith.
The consideration of such a bond, is the redelivery of the property levied on. To sustain it, there must be an execution which authorized the seizure. Then there is a sufficient consideration. In this instance there was an execution in favor of Walker against…
2Cases cited1 opinion
- Wilkinson v. M'Lochlin & Co.Court of Appeals of Virginia · 1797