Lott v. Mobile County
Supreme Court of Alabama
Arpeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill' in this case was filed on the 5th October, 1885, in the name of Mobile county as complainant, against Elisha B. Lott, tax-collector of said county for many years, and William Turner, William Otis, Enfus Dane, Charles Earley, and Thomas Conboy, sureties on his several official bonds; there being, also, on each bond, several other sureties, who were not sued.
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Arpeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill' in this case was filed on the 5th October, 1885, in the name of Mobile county as complainant, against Elisha B. Lott, tax-collector of said county for many years, and William Turner, William Otis, Enfus Dane, Charles Earley, and Thomas Conboy, sureties on his several official bonds; there being, also, on each bond, several other sureties, who were not sued. The prayer of the bill was expressed in these words : “ That said Lott may make a full and true discovery and disclosure of and concerning all taxes…
1Opinion of the CourtSomeryille, J.
The leading purpose of the bill is to enforce, in favor of the county of Mobile, a lien upon the property of certain sureties of the tax-collector of the county, created by the execution of three official bonds, extending through two terms of office, commencing in August, 1880. The first bond, which was executed in 1880, was reported insufficient by the grand jury, and the collector was required to execute an additional bond in February, 1884. The obligees of these two bonds became, under the statute, co-sureties as to each other. — Code, 1876, §§ 184-191.. The last bond was executed by the…
2Cases cited4 opinions
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