Legal Opinion

Gully v. Dunlap

Court of Appeals of Mississippi

Decided October 15, 1852PublishedCited by 6 opinions

In error from the Circuit court of Kemper county; Hon. John Watts, judge. The facts are contained in the opinion of the court. cited 1 N. Y. Dig. 2; 7 Johns. R. 393; 1 Cow. 33 (noteb); 8 Pick. 552; 15 Wend. 631; 3 Kinn. L. Comp. 195, 196; 1 Bailey, C. R. 223. ' cited 5 Johns. C. R. 29. contended the decision of the court below was correct, and cited Garlmd v. Jacobs, 2 Leigh, 651, and cases cited in the decision.

1Opinion of the CourtJustice Yerger

This action was brought to recover on an indemnifying bond given to the sheriff of Kemper county, on account of the levy and sale of a slave named Henry, levied upon as the property of James B. Wall, by virtue of an execution against him.

The action was brought for the use of James and Robert Wall, of whom James B. Wall was guardian, and to whom, and not to James' B. Wall, it is averred, the slave belonged.

The proof in the record very clearly establishes, that James B. Wall, the guardian, having some money of his wards in his hands, purchased with it, in the name of the wards, to whom a bill…

2Cases cited1 opinion

  1. Schemerhorn v. JenkinsNew York Supreme Court · 1811

3Cited by6 opinions

  1. Meyer v. MeyerMississippi Supreme Court · 1913
  2. Crowder v. ShackelfordMississippi Supreme Court · 1858
  3. Bush v. BushSupreme Court of Kansas · 1885
  4. Ruiz v. RuizMississippi Supreme Court · 1958
  5. Eubanks v. McLeodMississippi Supreme Court · 1913

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