Smith v. Spragins
Court of Appeals of Kentucky
Case 79 — Action to Cancel a Replevin Bond APPEAL FROM PIKE CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals.
Read the full summary
Case 79 — Action to Cancel a Replevin Bond APPEAL FROM PIKE CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. The grounds alleged by the appellant for which he asks for relief, are as follows: The deuty sheriff who took the replevin bond in controversy, had the bond prepared, and G. W. Pinson’s name was written in the face of the bond, and before appellant signed it, it was represented to him in the presence of said deputy that said Pinson had agreed to sign it and would sign it, and that if appellant signed it he would do so, and with the understanding that Pinson would sign it,…
1Opinion of the Court
OPINION of the coubt by
JUDGE DuRELLE
Reversing.
Appellant, .Smith, filed his petition in equity against the appellees, seeking the cancellation of a replevin bond signed by him as surety for the members of the firm of T. B. Pinson & Sons. The averments upon which the relief is sought are that deputy sheriff Runyons, holding an execution against T. B. Pinson & Sons, went, in company with T. B. Pinson, to. Smith, and asked him to sign a replevin bon'd to replevy the execution, and that it was then and there agreed and understood that the bond should be signed by one Ford and two Pinsons, not…
2Cases cited2 opinions
- Smith v. MoberlyCourt of Appeals of Kentucky · 1850
- Garvin & Co. v. MobleyCourt of Appeals of Kentucky · 1866
3Cited by2 opinions
- Wilson v. Hite'sCourt of Appeals of Kentucky · 1913
- Poynter v. SmithCourt of Appeals of Kentucky (pre-1976) · 1942