Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-07-11

Them and that 10 would also sc William simpson John
jenkins 70 sign IS csr kick. sAen signed 4 The witnesses
he had told him that Henry Simpson and would
sign it,
single signed and sealed and delivered upon Condition
that the signature Of the other named BE-
signed thereto
In the of Perry Patterson Hump 49, court
decdsd that as the bill single was and delivered to the
principal aleger by surety upon the condition that
should become his surety thereto. it deiveed
crow and the condition had not been performed the surety
bound thereby. When the bill single presented
by the principal W Perry to the surety simpson Perry or
his signature he expressly sign until he
Francis s Perry was TO do so likewise he then
agreed sign upon that condition did placing the
note thus signed in the hands Of William Perry the
signature of Francis Perry before be delivered
Patterson Tbs of ouaTes the Governor 10th Hump
IT, 1T, this Quares signed with
ty for Scanland sheriff. When the bond
in the hands Of the clerk and the OPEN though
does appear Justices composing the court
the bench ouarles stated time Of axns his sig
Scsnland must set other that he be bound
those who were the bond before him bond was
direct and positive evidence that he acknowledged
II before clerk however left in the clerks hands
nv boeyer was presented the court which accented n
aud ordered recorded The court this ecdsd
two things s1d Wss signed and sealed by Qaares aDd 3 a8T
the clerk upon the condition that the same not
.sd 10 court nd Of Quarles unless Scanand
obtained good sureties thereto And ID That the
clerk had delivered the bond TO the court without
scanand having complied with TINS condon iteonsequent
y held that the not obligatory upon Quars This
differs from that Of Bryan versus So Sn IN The
fact that in this the record OF the county court only
stated that the bond approved and ordere
bs.n elected sheriff Upton county and into
and into bond and security as the law requires which
that purpose The of 17 chap sect 2 requires that
Sheriff shall enter into bond with two or more o9d ure
in the penalty twelve thousand five hundred dollars pay
able the Governor and his successors which bond every
.OSst b. T them in open court and
As the entry the minutes OF County Court
a the law required This Of necessity embraces
every thing that the record speaks the
truth If it does then the bond has been properly executed
and acknowledged In the of Howard ct al the Bank
of Tennessee 9TH Hump So it wa; decided that fortheOm
the valid bond and obligatory upon the parties
hen of facts that tie clerk had taken the bond
the The bond handed to the clerk by one Of the
and the clerk looked at it, aud knew the signatures
be those of the obgers The sure were not present at
The case settles that it not validity such
delivered the clerk in his Office, for
all the gners have been at its delivery or for them
have Acknowledged before him at time In the case
Ward proved to have signed and de-
Hvered the bond and there total absence of estmo
TSCmas done upon n sny WSa Indeed Their.
evidence Of what took place between him and Thomas
| the time of such signing and delivery of it.
Afterwards and when their return into the store room
Johnson Refused to the bond he declar that hs
had known that johnson and Upton would sign it, he
would have done So But he had
signed the condition that johnson and Upton
other persons would sign it, Inhe Of the
ton which then takes place F. Thomas proven to have
Ward to have remarked that then he willing his
1t also proven that A him the question
if W B. Whitley and other good would sign the
would he be willing his name should remain and Ward to have
replied that he wouldoherwse he would But he does
not then declare that f. Thomas obtain the
natures of W B. Whitley other good the condition
upon which the to be delivered to the Clerk snd
\ Master, and to become obligatory upon him.
The result of this evidence to be- that C. F. Thomas
Ward of obtaining the signatures Of
to satisfy his mind with his of having signed and deliver
bond that Ward satisfied by those assurances
Thomas retain the bond the act and deed Ward and
off with him 1t fails establish to satisfaction that
Ward made the obtaining of the signatures Of Whitley and
others express which signed delivered
the bond which he permitted his remain it
tween individuals obligatory this bond
individual bond think the evidence insufficient to show
that it was delivered as an escrow But the case that Of
validity OF official bond in which character Of
evidence set them aside release parties from them
upon the ground OF their having been delivered as eeroWs
| ought to be direct, clear, full and satisfactory.
The Code requires the Clerks and Masters OF the Chance
Court that of all other keep their Offices
the Seats and imposes upon them the duty Of
during time and also the orders of the Chancellor and
Judges at Chambers and among other duties that of tks
nju In the discharge Of Of these duties
they judicial officers and their acts judicial acts
Such peculiarly the OF their acts in tho taking Of
Injunction bonds Chsnccors Judges
| and the provis ions of the Code.
bonds become parts the record and furnish the
foundation for judgments against the parties thereto and in
many the rights Of the defendants rests wholly upon
the duty of the Clerk and Master is pass upon and decide
every case ncumhsnt upon them to take good and
security Ii is another essential part Of their duty TO satisfy
injunction bond rendered them in any case, arc
their genuine Signatures and affixed thereto under such
them. They act for the suitors and in his absence the
organ Of the law and the protection Of the rights and inter
of the suors Confded to their ahfulness, caution
and intelligence The legal and logical Of their
and duties the matter of taking injunction
bonds would be that when any particular
Clerk and Master has accepted such bond and thus
passed the questions Of the sucency OF the surets
thereto of the genuineness of their signatures and Of such
signatures having been affixed under such circumstances 70
be obligatory upon them the proof Over1rn his action by
showing the signatures any Of the parties put there
should clear satisfactory and demonsEa
tive required aside decree judgment OF
court of record upon the ground OF fraud
objects of the provisions of the Code TO the
Clerks and Masters in taking Of injunction bonds
this and effect be tho
the acceptance of injunction
bond without force and effect shall be given
thereto protection intended be afforded the rights
interests Of uitors would in not be secured
4 to them.
There not in this Clear satisfactory and demonstra
tive proof Of this bond having been signed and delivered BY
Ward to C. T. Thomas the contien that the
to be delivered to the Clerk and Master the bond
Ward unless Thomas should procure William B. Whitley,
other good to become sUrees thereto, and whOu
proof of that character of its being signed and delivered
Thomas that condition. think the action
the Clerk and Master taking the bond cannot be Overurns
and Ward released thereOm he not entitled TO the relic
sought by his petition.
The judgment of the below him
the is affirmed.
| DAVID CAMPBELL, Special Judge
1 Attest: J. &. FEAZER, Clerk.
| INSOLVENT NOTICE