Sessions v. Pintard
THIS was an appeal from the circuit court of the United States for the eastern district of Arkansas.
It was a sequel to the case of Goodloe's Administrator v. Pintard, decided in this court and reported in 12 How. 24. The subsequent proceedings are stated in the opinion of the court.
It was submitted on printed argument by Mr. Pike, for the plaintiffs in error, and argued by Mr. Carlisle and Mr. Crittenden, for the defendants.
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.
The surety who pays money for the principal is entitled to all the securities which the plaintiff has for the debt. Union Bank of Maryland v. Edwards, 2 Gill & Johnson, 353; 7 Serg. & R. 9; 3 Serg. & R. 309; 10 J. R. 524; 2 J. Cas. 227; 2 J. C. R. 554.
The counsel for Pintard contended that the credits had been properly applied and given.
Mr. Justice McLEAN delivered the opinion of the court.