McMullen v. J. N.
Mississippi Supreme Court
Appeal from the Chancery Court of De Soto county. Hon. John "W. Thompson, chancellor. Argued that a trust existed between the creditor and the surety; that the former will do nothing in his transactions with the principal which would impair the rights of the surety, or place him in a worse situation than he would have been if it had not been for the interference of the creditor.
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Appeal from the Chancery Court of De Soto county. Hon. John "W. Thompson, chancellor. Argued that a trust existed between the creditor and the surety; that the former will do nothing in his transactions with the principal which would impair the rights of the surety, or place him in a worse situation than he would have been if it had not been for the interference of the creditor. Story’s Eq. sec. 324, 506. That the conduct of Hinkle in purchasing from Branch the slave upon which the judgment for which appellant was bound as surety was a lien, and his removal from the State, was a palpable…
1Opinion of the CourtHandy, J.
This bill was filed by the appellant, stating, in substance, that in 1853 the appellees recovered a judgment against one Branch, on which execution issued, and a forthcoming bond was executed, with the appellant as surety, which was returned forfeited and exiecution issued thereon, which was “ held up” by the appellant’s consent; that in February, 1855, another execution' issued thereon, which was about to be levied of the property of Branch, but it was ordered by the appellees to be “held up ” without the appellant’s consent, the appellees paying the costs; and they then took from Branch a…
2Cited by4 opinions
- Francisco v. SheltonSupreme Court of Virginia · 1889
- West Point Corp. v. New North Miss. Fed. Sav.Mississippi Supreme Court · 1986
- Anthony v. CapelMississippi Supreme Court · 1876
- Bank of Hickory Flat v. CrawfordMississippi Supreme Court · 1923