Weir-Booger Dry Goods Co. v. Kelly

Citations

• 80 Miss. 64

Syllabus

<p>Principal and Surety. Replevin bond. Subrogation of creditor.</p> <p>Sureties on the replevin bond of a claimant of goods under attachment, who are the beneficiaries in a deed of trust made to indemnify them against loss by reason of their suretyship, have no right to enforce the deed of trust until a judgment has been rendered against the claimant and paid by them, and in the absence of such right the attaching creditor cannot be subrog-afced thereto.</p>