Legal Opinion

State v. Hemingway

Mississippi Supreme Court

Decided October 15, 1891PublishedCited by 6 opinions

From the chancery court of the first district of Hinds county. Hon. H. C. Conn, Chancellor. W. L. Hemingway was treasurer of the state of Mississippi from Jaunary, 1878, until January, 1890. The bill in this case in behalf of -the state was filed against him and the sureties on his last two official bonds, one of which was given in January, 1882, covering the term of four years following, the other given in January, 1886, for the succeeding term of four years, each bond…

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From the chancery court of the first district of Hinds county. Hon. H. C. Conn, Chancellor. W. L. Hemingway was treasurer of the state of Mississippi from Jaunary, 1878, until January, 1890. The bill in this case in behalf of -the state was filed against him and the sureties on his last two official bonds, one of which was given in January, 1882, covering the term of four years following, the other given in January, 1886, for the succeeding term of four years, each bond being in the penalty of $80,000. About the time of the expiration of the last term, in January, 1890, it was claimed that…

1Opinion of the CourtCampbell, C. J.

An unbroken line of adjudged cases and text-books sustains the proposition that a mortgage for indemnity of sureties is valid, the liability of the surety being a sufficient consideration for such a mortgage; and such a conveyance will be held to have precedence of any subsequent lien on the-property incumbered. This is the undoubted rule as between *504individuals, and we are not aware of any distinction between the rights of parties to obligations to the state and others, and fail to perceive why a principal debtor to the state may not indemnify the sureties on his bond to the state in the same…

2Cases cited1 opinion

  1. Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884

3Cited by6 opinions

  1. Sandusky v. FarisWest Virginia Supreme Court · 1901
  2. Mitchell v. Film Transit Co.Mississippi Supreme Court · 1943
  3. People's Bank in Liquidation v. PenningtonMississippi Supreme Court · 1925
  4. Floody v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
  5. Northern v. ScruggsMississippi Supreme Court · 1918

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