Odell v. Howle

Citations

• 77 Va. 361
• 1883 Va. LEXIS 66

Syllabus

<p>Sheriff&emdash;Administrator&emdash;Sureties&emdash;Case at bar.&emdash;Decedent’s estate, embracing a slave, was, in 1853, committed to sheriff H. for administration. In 1858, when H. had ceased to be sheriff, and no debts were unpaid, and he had turned over the slave to the widow; under an order of the county court, H. sold the slave, but failed to account for proceeds. Distributees sued H. therefor, and subsequently amended their bill so as to charge his sureties as sheriff. The county records had been mostly destroyed. The bond for i852-’54, after diligent search, could not be found. The secondary evidence that the defendants were the sureties on that bond, was vague and uncertain. On appeal:</p> <p>Held :</p> <p>If the defendants, who are charged as sureties for H. as sheriff for the year 1853, had been clearly proved to have been such, yet the order of the county court under which, in 1858, the slave was sold by H., must be regarded as a valid order, and its effect was to take the slave out of the hands of H. as such administrator, and-place him in his hands as commissioner of the court. The sureties of the administrator were thereby as completely discharged from liability as they would have been, had the administrator and the commissioner been different persons, and the former had delivered the slave to the latter under the order of the court.</p>