4 Mart. 662 | La. | 1819
delivered the opinion of the court. John Nancarrow, the plaintiff in this case, being creditor of John House, a citizen of Kentucky, sued out a writ of attachment against the property of said House, in the first district of this state, by virtue of which writ the steam boat Franklin, whereof House was part owner, was attached. The other owners, to relieve the boat from that attachment, came forward and filed their claim for the three fourths of that vessel, offering at the same time “to give security to account for such part, as should be found to belong to the defendant John House, upon a final adjustment of their respective claims and accounts, upon a due appraisement or sale of the
To support this pretention, the plaintiff relies on the expressions of the bond into which the claimants have willingly entered, “ to abide and perform the final judgment to be made in the premises.”—This, it is contended, is a promise to satisfy the judgment to be rendered against House -—But, the claimants did not subscribe this bond as sureties for House : House is not even a party to the bond. They subscribed the bond as principals, and gave surety besides : they subscribed as parties to the suit, and engaged to abide by the judgment to be rendered against
ít is, therefore, ordered, adjudged and decreed, that the judgment of the district court be annulled, avoided and reversed, and that judg-blent be entered for the defendants with costs.