State ex rel. Heiskell v. Fidelity & Deposit Co.

The bill in this case was filed to recover on the bond of T. B. Caldwell, and his sureties, as special commissioner of the chancery court of Shelby county. There were two bonds, one in the penalty of $10,000, executed by the Fidelity & Deposit Company, and another of $5,000, executed by T. B. Crenshaw and C. D. M. Greer as sureties. The chancellor decreed in favor of com*309plainants, and the defendants have appealed to this conrt and assigned errors.

The gravamen of the hill was that Mr. Caldwell, as special commissioner, had, in violation of Ms duty, loaned certain moneys arising out of a sale…