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Richard H. Sessions, Daniel H. Sessions, and Sandford C. Faulkner, Appellants, v. John M. Pintard U.S. 106 (1856)

handle is hein.slavery/ussccases0202 and id is 1 raw text is: 106 SUPREME COURT. Sessions et al. v. Pintard. and the ancillary administrator directed which of these courses to pursue, he is in no default, and his surety is not liable. RICHARD H. SESSIONS, DANIEL H. SESSIONS, AND SANDFORD 0. FAULKNER, APPELLANTS, V. JOHN M. PINTARD. Where there was a decree in the court below for the payment of a certain sum of money, (land being held as security,) from which decree an appeal was taken, the sureties upon the appeal bond are not entitled to a pro rata credit upon their re- sponsibility, the land having proved insufficient to pay the amount of the decree. The entire proceeds of the sale of the land must be deducted from the amount of the decree, and the sureties upon the appeal bond must be responsible for the balance. THIS was an appeal from the circuit court of the United States for the eastern district of Arkansas. It was a sequel to the case of Goodloe's Administrator v. Pin- tard, decided in this court and reported in 12 How. 24. The subsequent proceedings are stated in the opinion of the court. It was submitted on printed argument by 31r. Pike, for the plaintiffs in error, and argued by Mr. Carlisle and 1r. Critten- den, for the defendants. Hr. Pike stated the question which arose in the case in this way:- The question in the case may be very briefly stated thus: Where, in a suit to enforce a lien on land for time purchase- money due the vendor, there is a decree ascertaining the amount due by the vendee, and recognizing the lien, and ordering pay- ment or sale of the land, and, on appeal from this decree, sure- ties enter into a bond conditioned to prosecute the appeal with effect and make good all damages and costs, how far does the land stand as their security ? If, when it is sold, the amount de- creed, with interest, is more than the penalty of their bond, and the land sells for less than the penalty, in what way are the pro- ceeds to be applied ? Shall they be credited upon the aggregate of the decree, perhaps leaving the sureties to pay the whole pen- alty, or against the penalty, or proportionally against the penalty and the excess over it ? The condition of the bond was to prosecute the appeal with effect, and pay all damages and costs in case of failure to make the appeal good. The damages were the interest which accrued between the dates of the decree against Goodloe and the judg- ment against the bail, amounting to less than $ 7,000. This

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