Leggett v. Humphreys,
62 U.S. 66 (1859)

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U.S. Supreme Court

Leggett v. Humphreys, 62 U.S. 21 How. 66 66 (1859)

Leggett v. Humphreys

62 U.S. (21 How.) 66


There was a suit brought in the Circuit Court of the United States for the Southern District of Mississippi, against a sheriff and his sureties upon the sheriff's official bond, in which judgment was given for the defendant. Being brought to this Court by writ of error, the judgment was reversed, and a mandate went down directing the circuit court to enter judgment for the plaintiffs. See 43 U. S. 2 How. 28

Whilst the suit was pending in this Court, judgment against the sheriff and his sureties was given in a state court, and execution was issued against one of

Page 62 U. S. 67

the sureties by means of which his property was sold and the amount of the penalty of the bond collected and paid over.

When the mandate of this Court went down, the circuit court entered judgment against the surety, who filed his bill in equity for relief. This suit also was brought up to this Court, who decided that the complainant was entitled to relief. See 50 U. S. 9 How. 297

Further proceedings in this case render it necessary for this Court now to decide:

1. That the obligation of the surety is strictissimi juris, and he cannot be called upon to pay more than the penalty of his bond.

2. That as he was not permitted to plead puis darrein continuance, the satisfaction of the penalty of his bond &c., he is entitled to relief in equity.

3. That the obligor in a bond has a right to convey property for the purpose of indemnifying his surety, provided it be done bona fide and there is no lien upon the property of the obligor.

In some of its connections, this case had twice before been before this Court, as reported in 43 U. S. 2 How. 28 and 50 U. S. 9 How. 297

The history of the case is given in the opinion of the Court, and need not be repeated.

Page 62 U. S. 69

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