Gray v. MacLean
Illinois Supreme Court
On the 1st day of December, 1853, plaintiffs issued out an attachment against MacLean, from Peoria Circuit Court, which was levied on the steamboat “ Kentucky,” as the property of MacLean.
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On the 1st day of December, 1853, plaintiffs issued out an attachment against MacLean, from Peoria Circuit Court, which was levied on the steamboat “ Kentucky,” as the property of MacLean. To release the boat from the attachment, MacLean and Merriman made the following bond: “ Know all Men by these Presents, That we, John MacLean and A. L, Merriman, are held and firmly bound unto Leonard B. Cornwell, Sheriff of the county of Peoria, in the penal sum of five hundred dollars, lawful money of the United States, to the payment of which, well and truly to be made, we do bind ourselves, our heirs,…
1Opinion of the Court
Catón, J.
The plea in this case was clearly bad, and the demurrer to it should have been sustained. By it, the surety in a forth-coming bond, attempts to show that the property levied upon by the attachment, and to produce which to answer the judgment of the court, he had undertaken by executing the bond, was not the property of the defendant in the attachment, and not liable to the attachment, but was the property of a third person. The plea does not even show that the property had been taken by the third person under his paramount title, but for aught that appears, he sets up no claim to it.…
2Cited by8 opinions
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- Amarillo Nat. Bank. v. SanbornCourt of Appeals of Texas · 1914
- Case, Bishop & Co. v. D. M. Steele & Co.Supreme Court of Kansas · 1885
- Cermak v. SchaafIllinois Supreme Court · 1923
- Phillips v. CooperMississippi Supreme Court · 1874
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