Pearson v. McMillan
Mississippi Supreme Court
ERROR to tbe Circuit Court of Monroe county. Hon. Joel M. Acker, judge. This is an action of debt against the surety upon a guardian’s bond, which was executed in the State of South Carolina, on the 10th day of September, 1836, and is in the penalty of $24,000, and payable to John L. Clark, commissioner in equity, and his successors in office.
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ERROR to tbe Circuit Court of Monroe county. Hon. Joel M. Acker, judge. This is an action of debt against the surety upon a guardian’s bond, which was executed in the State of South Carolina, on the 10th day of September, 1836, and is in the penalty of $24,000, and payable to John L. Clark, commissioner in equity, and his successors in office. The condition of the bond is as follows:— “ That if the said David Ewart shall well and faithfully execute the duties of guardian, and also yearly and every year account unto the said commissioner in equity or his successors, or to such person or…
1Opinion of the CourtHandy, J.
This action was brought by the plaintiff in error against the defendant’s testator, as surety on a bond executed by one Ewart, as guardian of Juliet IT. Smith, the usee, in the State of South Carolina, on the 10th September, 1836, under an appointment of the Court of Equity in that State, which has jurisdiction of such matters. The bond is conditioned, among other things, “ to account to the commissioner in equity” (the obligee named in it), “or his successors, or to such person or persons as the said Court of Equity shall appoint to receive the same, for all such sums of money” which might…
2Cases cited1 opinion
- Bacon v. GrayMississippi Supreme Court · 1851
3Cited by7 opinions
- Foster v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1895
- Brockett v. RichardsonMississippi Supreme Court · 1884
- Eckford v. EvansMississippi Supreme Court · 1878
- Perry v. EllisMississippi Supreme Court · 1885
- National Surety Co. v. State Ex Rel. MorganCourt of Appeals of Maryland · 1927
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