Gilly v. Lee

In this case, the plaintiff sues as surviving partner of the late firm of Gilly & Prior, and founds his action on a judgment alleged to have been obtained by the United States against Lewis & Lee, principals, and Gilly & Prior, sureties, on a custom house bond, &c.

He states in the petition that the judgment was paid and satisfied by said sureties, and in consequence thereof, they are subrogated to all the rights and claims of the United States; *238that the defendant has acquired property since the failure of the house of Lewis & Lee, which ought to be subjected to the payment and refunding of…