Clay v. Freeman
Mississippi Supreme Court
From the chancery court of Bolivar county. The appellants obtained a money decree, in equity, in the circuit court of the United States for the northern district of Mississippi, at Oxford, against appellee, Lucy C. Freeman. From this decree said appellee prosecuted an appeal to tbe United States circuit-court of appeals at New Orleans, the appellees, Charles Scott and F. M. Scott, becoming sureties upon the appeal bond.
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From the chancery court of Bolivar county. The appellants obtained a money decree, in equity, in the circuit court of the United States for the northern district of Mississippi, at Oxford, against appellee, Lucy C. Freeman. From this decree said appellee prosecuted an appeal to tbe United States circuit-court of appeals at New Orleans, the appellees, Charles Scott and F. M. Scott, becoming sureties upon the appeal bond. At the time of the execution of the bond, the principal therein and one D. J. Field executed and delivered to the sureties a writing obligatory, which was in form a conveyance…
1Opinion of the CourtCooper, C. J.
In Pool v. Doster, 59 Miss., 258, Judge Campbell, speaking for the court, deduced from our previous decisions, with clearness and precision, the rule by which it is to be determined when a creditor may have the benefit of securities held by the surety of his debtor. We can add nothing to it, and nothing can be taken from it. He said: “The rule deducible from our decisions is, that to make a security available to the creditor, it must be conditioned for the payment of the debt and for enforcement on default in its payment — in other words, it must be expressed to be for the security of the…
2Cases cited2 opinions
- Pool v. DosterMississippi Supreme Court · 1881
- M'Lean v. RagsdaleMississippi Supreme Court · 1856