468 FEDERAL ■ BBPORTER. �order of liability for these sums between the defendants to this cause. Gommissioner Hudnàll, basing his inquiry upon the amounts found to be due in the suit in the state court, reported (September, 1877) that $1,811.82 principal, and $1,893.50 interest, were due from Selden and sureties, (in- cluding Gordon and his sureties,) to the legatees of John St. John, and $461.63 principal, and $563.44 interest, were due from the same to the estate of John L. Cocke, — ail together^ with costs, amounting to $5,127.18. This report was not excepted to by Stringer's representative, or any one else, and was confirmed by this court in October, 1877; and, by the same deeree, the court overruled the demurrer of Daniel Stringer's executer on ail the grounds relied upon in the specifications to the demurrer. The court further decreed, funds being then available from no other source, that the real estate of William A. Turpin, deceased, should be sold for the satisfaction of the whole amount for which Charles Selden's estate had been found liable. Accordingly, in due jourse of proeeeding, Turpin's real estate has been sold, and brought more than the aggregate amount for which Selden and his sureties were liable; and the claim due the (How- ards) complainants in this cause has been fully paid, and also the claim of John L. Cocke's estate. �But it having been alleged that Daniel Stringer's estate has now assets available for making good its liability, in part or in whole, in behalf of Gordon's to Selden's estate, and that of William A. Turpin, Selden's surety, the devisees of Turpin filed their petition in this court, praying to subject the estate of Daniel Stringer to the re-imbursement of their father's estate for the amount paid by it under the deeree of this court. Answers were filed to this petition by formai parties to the suit. Whereupon the court referred the cause again to Commissioner Hudnall to report on the issues raised by the petition and answers, and this commissioner made a report in June, 1879, to which there was no exception, bring- ing down his report of September, 1877, to that date. The case seeming to be ready for a deeree, this court entered one on the twenty-ninth of October, 1879, by which the devisees ����
Page:Federal Reporter, 1st Series, Volume 5.djvu/480
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