[Download] "Richard H. Sessions, Daniel H. Sessions, And Sandford C. Faulkner, Appellants v. John M. Pintard" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Richard H. Sessions, Daniel H. Sessions, And Sandford C. Faulkner, Appellants v. John M. Pintard
- Author : United States Supreme Court
- Release Date : January 01, 1855
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Mr. Pike stated the question which arose in the case in this way:–– The question in the case may be very briefly stated thus: Where, in a suit to enforce a lien on land for the purchase-money due the vendor, there is a decree ascertaining the amount due by the vendee, and recognizing the lien, and ordering payment or sale of the land, and, on appeal from this decree, sureties enter into a bond conditioned to prosecute the appeal with effect and make good all damages and costs, how far does the land stand as their security? If, when it is sold, the amount decreed, with interest, is more than the penalty of their bond, and the land sells for less than the penalty, in what way are the proceeds to be applied? Shall they be credited upon the aggregate of the decree, perhaps leaving the sureties to pay the whole penalty, or against the penalty, or proportionally against the penalty and the excess over it? The condition of the bond was to prosecute the appeal with effect, and pay all damages and costs in case of failure to make the appeal good. The damages were the interest which accrued between the dates of the decree against Goodloe and the judgment against the bail, amounting to less than $7,000. This should have been the extent of the recovery, and not the whole penalty of $12,000.