Saunders v. Columbus Life & General Insurance

Citations

• 43 Miss. 583

Syllabus

<p>1. Attachment — Its Object. — The process of attachment is a branch of that system which charges the real estate of a debtor with the payment of his debts, and its object is to give the creditor, upon the institution of his suit, a lien on the real estate of his debtor.</p> <p>2. Attachment Bond — Ptiesumbtion.—The attachment bond was executed by the corporation, as principal, and by H., who was president of the corporation, and B., as sureties; and recites that it was sealed with then seals. The bond was signed first by H., his name being attached to the corporate seal; then by B., and then again by H. in his individual capacity. The law will presume that H. attached his name to the corporate seal in his official character as president, and then to his own seal in Ms individual capacity as surety for his principal. Where acts are of an official character,' the law presumes they have been duly executed. Omnia prceumuntur rite esse aeta. It is no valid objection to the bond that it is only in an amount double that specified in the papers sued upon.</p> <p>3. Duplicate wbits — Endoesehents.—It is not necessary that duplicate writs of attachment should have endorsed thereon that they are such duplicates. Art. 16, Rev. Code, p. 378, authorizing duplicate attachments, does not require such endorsement.</p> <p>A Retubn — Title—Bbesumption.—It is not necossary to the validity of an attachment of real estate, and of the title derived tM’ough it, that the return should state the property to be that of the defendant. In view of the great responsibility of the office of sheriff, every reasonable intendment ought to be indulged in favor of the regularity of his official acts.</p> <p>5. Lew — Retubk—Sujttoiencx.—Where the sheriff has levied the attachment on wild, uncultivated or unoccupied lands, it is not necessary to state affirmatively in the return that they are such, but a return by the proper offieor that he has attached the lands, describing the same by numbers, metes