Marshall v. Stewart
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. Matheny, a furniture dealer, of Aberdeen, Miss., had a stock1 of goods. The appellees, T. W. and E. B. Stewart, recovered a judgment against him February 22,1889, for $465.86. While the suit was pending, on January 26, 1889, Matheny executed to W. H. Vassar, as trustee, a trust-deed, to secure Clifton & Eckford a debt of $750, due thirty days from that date.
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From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. Matheny, a furniture dealer, of Aberdeen, Miss., had a stock1 of goods. The appellees, T. W. and E. B. Stewart, recovered a judgment against him February 22,1889, for $465.86. While the suit was pending, on January 26, 1889, Matheny executed to W. H. Vassar, as trustee, a trust-deed, to secure Clifton & Eckford a debt of $750, due thirty days from that date. By this deed the entire stock of goods, designating the articles, was conveyed to the trustee with the usual provision giving a power of sale on default in the payment…
1Opinion of the CourtCooper, J.
The bond of indemnity provided for by section 1754 of the code is in substitution of the common law liability of the sheriff for the trespass committed by him in levying upon property of one other than the defendant in execution. Swain v. Alcorn, 50 Miss. 320; Shattuck v. Miller, Ib. 386. The statute does not confer a right of action on the bond upon persons who might not have sued the officer for the trespass. The bond is conditioned to pay and satisfy to any person “ claiming title to the property seized, all such damages which such persons may sustain in consequence of such seizure and…
2Cases cited2 opinions
- Swain v. AlcornMississippi Supreme Court · 1874
- Matthews v. BaileyMississippi Supreme Court · 1852
3Cited by1 opinion
- Marshall ex rel. Vassar v. StewartMississippi Supreme Court · 1890