Delaware gazette and state journal., 1884-06-26
JltTlf H..
Fhe Court of Errors ana Appeals
Meets Again and Tackles IA hnofty

Fhe Court OF Errors and Appeals
Meets Again and Tackles "a An0fty
ease.
Special Correspondence Of Gazette and journal
DOVER, June 9.-rhe court OF errors
and appesls rtooDvrnad yesterday, with
Judges Boustor. Wnutten aud Whitley
ua tue bsncn.
The case taken up for argument was
an appeal from the court of ehanoery
Kent county J Alexander Fulton, 4 q +,
appellant, va. Moses Harrington and
Francis NJ. Dunn, late sheriff, reepon-
dents.
The facts OF the case are as follows !:
Henry Todd, deceased, and William A.
Atkinson we're, mutually, sureties for
each other; Todd being surety for Atkin-
sol in Judgment in the superior ceurt
in and for Kent county at the suit OF
Bmanael J.. Stout for the real debt Of
81 ,230 with interest from September 9th,
1866, entered September 9Th, 1866 !; At
kinsen being surety for Todd in four sew
ersl Judgments III said superior court ,one at
the suit Of the Farmers Bank for the real
debt of IL 900, with interest from April
lat, 1863, entered November 7th, 1871,
and three others at the suit
Of the Citizens Building and Loan
Association of Dover; one for the
real debt of $500 with interest
from April 18th, 1873, entered November
81, 1873, another for the real debt Of
81, 100 with interest from October 11th,
1878, entered November Sd, 1879, aud the
other for the real debt OF $400 with in
tsrest from December 18th, 1873, entered
December 22d, 1873.
Todd's lands were sold on the 14th
and 2lst days of March, 1876, by Peter
l.. Cooper, then sheriff, and at the April
term following OF said superior court, he
applied out of he proceeds of said sale
81 370.24 to said judgment at the suit of
said Emanuel ]. Stout.
Atkinson's lands were sold by Francis
M. Dunn, sheriff, on the l2ih day OF
April, 1881 and ont Of the proceeds of sale
he AZ piled, at the following term OF said
court, the sum of 81, 555 27 to said four
judgments at the suit of the said Farmers
Bank and the said Citizens Building aud
Loan Association OF Dover. The amount
paid by Atkinson IS surety for Todd was
greater than the amount paid by Todd as
surety for Atkinson by the sum OF
$773 96, allowing interest on the amount
applied to the said Stout judgment from
the date OF the confirmation OF the sale Of
Todd's land to the date OF the confirma-
tion OF the sale OF AtkinsOn's land, a
period of five years.
On the 23d OF March, 1880, Emanuel
j. Stout assigned said judgment wherein
he was plaintiff to the said Todd, and on
the same day Todd assigned the one half
thereof to Fulton.
Moses Harrington, prior to the time OF
the sale Of Atkinson's lands, was a lien
creditor of Atkinson In the afo esaid
judgment OF the Farmers' Bank assigned
to him by the Farmers Bank in mort
gage for the real debt OF $775 so (with
interest from September 7th, 1861 also
assigned to him by the Farmers Bank
and in a judgment wherein he is plaintiff
for the real debt of 81, 376 % with
interest from April 18th, 1850 entered
May 10Th, 1876.
Francis M Dunn. sheriff, in the april
cation Of the proceeds OF the sale of At
| kinson's lands, passed said Stout judg.
m.nt and applied said proceeds to the
| liens against Atkinson in the order Of
their priority and in said application IL {
sum of $345. 80 was applied to the las
named judgment OF Harrington in part
payment thereof. Fulton brought suit il
| the superior court on the official recngniz
anoe OF Damn for an alleged miaapplicstiol
of the procseds of said sale, to restrain
| which snit the bill in this CASE was filed,
The chancellor decreed that the injunction
should be perpetual, from which decree
Fulton appealed to this court. Todd and
| Atkinson were both insolvent several
years prior to the commencement of thu
| sut.
]. A Fulton, Rsq., is counsel for ap
relsnt and I'd. Ridgely and James L
Woloott, Elqs,, solicitors for respondent
All of to day was taken up in argument
Mr.. Fulton closing at adjournment.