Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1878-05-30
IMPORTANT LAWSUIT
By Jos. Elliott AgainstShelby County
A Large Sum Involved.

The cases of Jos. Elliott VS.. Shelby
county, and VIM Elliott ct al, for use OF
Jos. Elliott, VS.. Shelby county, recently
filed in the Shelby County Circuit Court,
are invested With much interest and in.
volve a number of impairment questions
Of law and equity, as we'll as a consider.
able sum of money. 10 this connection
1t is proper TO state that Messrs. VIM.
Elliott and John D. Elliott were sureties
on the bond of Wm. Mclean, tax collec-
tor Of Shelby county, several years ago.
1t will be remembered that judgment to
a large amount was obtained against
William and John D. Elliott and other
sureties on these bonds. AS soon as the
alleged failure of Mclean to comply
with the duties OF bic Office we're reported,
and previous to any judgment issuing,
the boats Of the Elliotts we're attached
on the ground that William and John D..
Elliott had used certain moneys be.
longing to the State of Tennessee
and county of Shelby for the pur.
chase of these steamers, and that the
same we're the equitable property
of said State and county. Messrs.
John d. and William Elliott informed
Attorney General Wright that they
would secure the county and State
against all loss, and to do this were will.
ling to give a trust deed on all their
property located in Shelby county, then
valued at $4,000. This proposition was
accepted, and the said deed being a uly
executed the boats were released. Two
of the boats that had been attached by
this bill we're claimed as the individual
property Of Jos. Elliott. Subsequent to
the dismissal Of this attachment and
release Of the boats Judgment for the
county and State for over 800, 900. was
obtained in the Circuit Court, and on APP
peal, sustained by the Supreme Court.
To satisfy this judgment the real estate
OF John and VIM. d. Elliott was sold BY
the State and county. The amount real
lied from said sale was only $4,000
which the county and State received
as a credit on said judgment
This sum falling to pay all the judgment
against William and John D. Elliott, the
State and county filed a bill in the Chan
Gerry Court, at Memphis, attaching the
steamers City of Augusta, Legal Tender
and Bannoek City, which boats, it is al.
legged. belonged to Jos. Elliott. The bill
alleged that these boats, although in the
name Of Jos. Elliott, really belonged to
and we're owned by William and John D.
Elliott The object Of the bill was to
subject these beats to the payment Of the
balance due on the aforesaid judgment
The boats remained under attachment
nearly q year, the BapnQck City being
sold 10 the meantime by decree OF court
to satisfy costs, Jos. Elliott at all times
opposing the sale and seeking trial of
his case. Finally, Jos. Elliott was al.
lowed to take out the boats on the bonds
of himself and brothers. John D and
William Elliott. Finally, a settlement
was effected with the State and county,
with all the sureties Of McL4an, William
and John D. Elliott being released
thereby, as they had paid more
than any other of the CO surities.
Thereupon this attachment bill was d..
missed at the instance OF the State and
county. Thereupon Joseph Elliott ia.
stituted the above styled suits in the
Circuit Court of Shelby county against
the county and its sureties, upon the al.
tachment and injunction bond Tn.
first suit is based upon this attachment
and injunction bond; the second is for
malicious prosecution. Tha case will
come on trial this fall or winter, James
q. Malone and Geo. B. CAN'T being
counsel for plaintiff, and Julius A. Toy
lor appearing for The county Of Shelby
1t is proper to state here that the legal.
ty of the sale and the title Of the purch.
asers Of the steamers are not, nor will
they be affected by the proceedings on
the part Of Joseph Elliott, whose re-
course is against the county of Shelby
upon the grounds for which the suits are
s--asa-a- .. r....