Board of Supervisors v. Alford

Citations

• 65 Miss. 63

Syllabus

<p>1. Chancery Jurisdiction. Doubt as to which of two parties is liable.</p> <p>When the facts as to which of two parties is liable on a cause of action staled are unknown, chancery has jurisdiction to compel an interpleader and to grant the complainant relief. But where the only uncertainty is as to the law determining such liability on the facts stated, chancery has no jurisdiction.</p> <p>2. Same. Question as to which of two sets of surt ties on bonds are liable. Case in judgment.</p> <p>A. was elected and served for two successive terms as treasurer of the county of L., and executed a bond for each term. He appointed an agent to-conduct the office for the first term. . For this there was no authority of law. The agent defaulted, but executed his note with a surety in favor of A. to cover the deficit. A. appeared before the board of supervisors at their first and second meetings during his second term, counted the money in his- hands to them, as required by law, and it was found to be' the-correct amount. At his third report, A. failed to have the correct amount by exactly the amount of the deficit of his agent during the first term, and he then admitted the default, and that he had obtained money temporarily, to be counted at the previous meetings, so as to cover up the default. Each set of sureties denied liability. The board filed a bill in chancery against A. and the sureties on both bonds, and asked that the two sets of sureties be compelled to interplead, so that the liability could be properly fixed. Both sets of sureties demurred. Held, that the chancery court had no jurisdiction. Semble. The sureties on the first bond were not liable, because the default occurred during the second, term. If so, the remedy at law on the second bond is adequate.</p> <p>3. Same. Promissory note. Consideration. Subrogation.</p> <p>In the case above stated the consideration for the note executed in favor of' A. by the agent, to secure the amount of his default, was not illega