Lewis v. Dillard
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. W. F. Werner was the collector of the public revenue of the county of Crit-tenden, in the state of Arkansas; and, being unable to settle his accounts as such collector in the time and mode required by law, he signed and delivered to his bondsmen on the 26th of July, 1898, the following paper: “Gayoso Hotel, Memphis, Tenn., July 26, 1893. “Assets of W. F. Werner. 21 head of nuiles....…
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. W. F. Werner was the collector of the public revenue of the county of Crit-tenden, in the state of Arkansas; and, being unable to settle his accounts as such collector in the time and mode required by law, he signed and delivered to his bondsmen on the 26th of July, 1898, the following paper: “Gayoso Hotel, Memphis, Tenn., July 26, 1893. “Assets of W. F. Werner. 21 head of nuiles.... 1,000 Farming utensils . 100 3 four-horse wagons. 100 1 buggy ........ 75 1 surrey . 50 2 horses......... 100 25 bogs, more…
1Opinion of the Court
CALDWELL, Circuit Judge,
after stating the case as above; delivered the opinion of the court.
Under the agreement, the rights and liens of the parties attached to the proceeds of thd sale now in the registry of the court, in the same manner, in the same order, and with the same effect as they bound the property before the sales were made. Markey v. Langley, 92 U. S. 142, 155; Astor v. Miller, 2 Paige, 68; Sweet v. Jacocks, 6 Paige, 355; Brown v. Stewart, 1 Md. Ch. 87; Olcott v. Bynum, 17 Wall. 63. At the time the marshal attempted to levy the Cochran execution on the property, it was either in…
2Cases cited11 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Olcott v. BynumSupreme Court of the United States · 1873
- Yeatman v. Savings InstitutionSupreme Court of the United States · 1878
- Astor v. MillerNew York Court of Chancery · 1830
- Markey v. LangleySupreme Court of the United States · 1876
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3Cited by2 opinions
- Electrical Supply Co. v. Put-in-Bay Waterworks, Light & Railway Co.U.S. Circuit Court for the District of Northern Ohio · 1898
- Union Trust Co. v. BeachCourt of Appeals for the Fifth Circuit · 1915