The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-28
SUPREME COURT DECISIONS.
Reported weekly by y. w Jenkins
Attorney AZ law.

ORLANDO DAVIS,
VS..
f. M. BELL, ct al.
Appeal. from the Chancery Court o
Alcorn county, Hon. l.. lIaughton, Chan
cellor.
Appellant filed his bill in CHANGER,
against appellees alleging, that on the 24tl
OF January, 1878, Il judgment for costs wa,
recovered against him in the Circuit Cour
iof Sll 90. That on 18th of May, of sam,
year, he paid to defendant, Bell, who wa,
theh Circuit Clerk, the jury tax of S3 90
and the cost due him, 80 25--that there
was costs due an eX-Sheritf of the county
VINO was non-resi dent; and also an eX-
circuit Clerk, Skcllman. That neither OF
them was present to receive the costs, and
That he informed Bell that he would pay
those costs as soon as he could find the
parties. That in few days thereafter Bell
tried to prevail on Skelman, to whom
~ % cost was due, to allow an execution
10 be issued for his costs, which Skelhnan
refused to do; that Bell then bought Skell-
mans costs and issued an execution for the
balance of the costs, and placed it into the
hands of the Sheriff, directing him to levy
upon two lots owned by appellant in
Corinth That the Sheriff made the levy
in July, 1878, sold the lots for S. each to
Bell, That appellant resides at Holly
Springs, siXty-tive miles from Corinth, and
visits the latter place only once or twice u
year, and that these facts were known TO
Bell. That appellant owned $4,000 worth
OF property in this State subject to cxecu-
ton; that he knew nothing of the levy
upon and sale Of said lots till after it took
place; that Bell purchased the costs of
Skellman, with IL view of getting the right
taissue the execution and have the same
levied upon said lots, and buy them, so that
be, Bell, could thereby perfect void tax
title which he had to them, and that he
had no authority from the other officers
having interest in said costs to issue said
execution.
The bill further alleges that notwith-
only SO was due as costs when
the lots sold for $40 10, that the additional
costs accruing by reason of said execution
was such as to make the $40 90 insufficient
to pay the costs, and thcrcupon Bell issued
another execution for costs, and had il
levied on other lands of appellant. That
it was issued during the yellow fever cpl
demic of 1873, when Bell knew that appel !
ant was not in the State, being refugee
from said epidemic, and when the town of
Corinth was quarantined, but that appel
ant asccrtained the fact of the levy before
sale, and was compelled, owing to the quar-
milne, to pay ST. 90 to stop it, which he
)aid under protest.
Io prayed to have the deeds from the
Sheriff to Cunningham, and from the latter
o Bell, declared void and cancelled; and |
IlsO, to recover from Bell all the addition
Il costs which appellant was compelled to |
ray, and which was oocasioned by the said /
executions.
A demurrer to the bill was sustained,
md the bill dismissed; hence this appeal.
o. Davis, for appellant,
Whitfield ~ Young for appellees.
GEORGE, G. j.
7eyd-
1. We think the bill presents proper
ase for equitable relief.
D. Such Il transaction cannot be tolerated.
IN officers right to collect his cost by exc
ution is shield to protect him, not II
word to destroy or Cypress the debtor.
f he issue an execution, and under it pur-
base, either directly or indirectly, proper
y of the defendant at Il sacrifice, as was
one in this case, he will be held as Il
rustee for the defendant, unless he shows
hat he has given notice by mail or other
wise to the defendant. if he knows, or
ould with reasonable diligence ascertain
is residence. He should in such a case
warn the defendant of the intended issu-
nee of the execution, and of the threaten
d levy and sale, and thus give him fair
ppOrtunity of preventing II sacrifice of his
roperty.
3. Public officers are not allowed to use
heir powers, or opportunities of their Off
ial position, for the purpose Of specula-
on or oppression.
4. We think also that so much of the bill
5 seeks to recover the additional costs in
urred by the wrongful issue and levy of
he executions, and paid by appellant
nder protest, is maintainable.
Decree reversed, and cause remandcd,
18th leave to answer within sixty days