Unknown County MsArchives Court.....Stewart, Nolan 1834
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File contributed for use in USGenWeb Archives by:
Deb Haines ddhaines@gmail.com December 8, 2005, 9:50 pm

Source: Reports Of Cases Adjudged In The Supreme Court Of Mississippi
Written: 1834
Recorded: 1818

NOLAN STEWART vs. FUQUA & FUQUA.

page 175

Under the statute, a forthcoming bond whilst the execution trains unquashed is 
a complete satisfaction of the original judgment.

OPINION OF THE COURT—BY THE HON. POWHATTAN ELLIS. 

There can be no doubt that under the act of Assembly a forthcoming bond, 
whilst the execution remains unquashed, is a complete satisfaction of the 
judgment, as if the estate had been sold to the full amount of the debt, and 
the party must be left to pursue his own remedy upon the judgment on the 
forthcoming bond. I think the original execution in this case cannot have a 
lien upon the property, for it is satisfied in point of law, so soon as the 
forthcoming bond is executed.


Source: Reports of Cases Adjudged in the Supreme Court of Mississippi, June 
Term, 1818, By R. J. Walker, Reporter of the State. Natchez: Printed at the 
Courier and Journal Office, 1834.

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