(DOWNLOAD) "John Mckinney, William Mcconnell and Kay Moss, Plaintiffs in Error v. John Carroll" by United States Supreme Court * Book PDF Kindle ePub Free

July 21, 2021

eBook details

Title: John Mckinney, William Mcconnell and Kay Moss, Plaintiffs in Error v. John Carroll
Author : United States Supreme Court
Release Date : January 01, 1838
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

Description

This is a writ of error to a judgment of the court of appeals of Kentucky, affirming a judgment of the Jessamine circuit court.1 * The heirs of John Moss recovered a judgment, in ejectment, against the defendant in error, in the said circuit court, at the October term, 1815, for a tract of land in Jessamine county; and, at the same term, commissioners were appointed, in conformity with the act of the 31st of January, 1812, concerning occupying claimants of lands, to value the land in controversy, the improvements thereon, &c. At a subsequent term of the court, the commissioners made their report; and, among other things, reported the improvements on the land to be of the value of one thousand six hundred and ninety-eight dollars. At the October term, 1819, of the said circuit court, on the motion of the defendant, judgment was rendered in his favour, against the plaintiffs in ejectment, for said sum of one thousand six hundred and ninety-eight dollars. And, on the 25th day of October, 1819, the plaintiffs in error, as sureties of the plaintiffs in ejectment, executed a bond to the defendant, with condition to pay said sum of one thousand six hundred and ninety-eight dollars, in two equal annual instalments, with interest, as authorized by said act; which bond had, by law, the force of a judgment; and execution was authorized to be issued thereon, as in case of replevin bonds. On the 7th day of December, 1821, an execution issued on the bond, against the plaintiffs in error; who, availing themselves of the benefit of a statute, then in force, replevied the debt for two years more. When execution issued against them, on the replevin bond, they applied to the judge of said circuit court, for a writ of error coram vobis; and in their petition assigned, in substance, these errors: first, the act of the 31st of January, 1812, concerning occupying claimants of lands, is a violation of the compact between Virginia and Kentucky, and a violation of the constitution of the United States; and therefore the bond and other proceedings, under it, are void: second, but one bond was given for both instalments, when there should have been a bond given for each instalment: third, but one execution issued for both instalments, when there should have been an execution issued for each instalment: fourth, the law under which the replevin bond was given, is a violation of the constitution of Kentucky, and a violation of the constitution of the United States; and, therefore, the bond is void: fifth, the whole proceedings are erroneous, wanting form and substance.