President, Directors & Co. of the Bank of Whitehall v. Weed

Hand, Justice.

This is a question of the disposition of a surplus of $353'10, now in the hands of Am mi Howe, arising on the sale of the lands of the defendant Smith. A reference was *105ordered to take proofs and ascertain who was entitled to the surplus, and the question now comes up on that testimony and report.

Wilder was sheriff of the county of Essex during the years 1841, 1842 and 1843, and Howe was his deputy. Trimble succeeded Wilder, and was sheriff during the years 1844, 1845 and 1846, and Howe was also his deputy during those years. E. Pearson obtained a judgment against the defendant…