Fleenor v. Taggart

• Decision Date: 26 November 1888
• Docket Number: 13,403
• Citation: 18 N.E. 606,116 Ind. 189
• Parties: Fleenor et al. v. Taggart
• Court: Indiana Supreme Court

18 N.E. 606

116 Ind. 189

Fleenor et al. v. Taggart

No. 13,403

Supreme Court of Indiana

November 26, 1888

From the Brown Circuit Court.

The judgment is affirmed, with costs.

J. H Louden and R. W. Miers, for appellants.

W. C Duncan and R. L. Duncan, for appellee.

OPINION

Niblack, J.

The complaint in this case averred that, in the year 1870, one William H. Taggart was elected treasurer of Brown county, and became duly qualified as such by, amongst other things executing an official bond, with one Milton Fleenor as one of his sureties; that afterwards a large amount of money came into his, the said William H. Taggart's hands, as such treasurer, which he converted to his own use; that, on the 13th day of November, 1872, an action was commenced, in the name of the State, on the relation of the board of commissioners of the county of Brown, and also the relation of the auditor of that county, in the court of common pleas of said county of Brown, against the said Taggart and his sureties on his official bond; that subsequently a judgment was rendered in the action in that court against Taggart and his sureties for the sum of $ 2,612.07; that this judgment was afterwards, on the 30th day of April, 1875, reversed by this court, the holding being, amongst other things, that the board of commissioners was not a proper relator in the cause; that, after the cause was remanded, a new complaint was filed in the name of the State, on the relation of the auditor of Brown county, founded upon the same cause of action, but including some other items of indebtedness, and containing an additional paragraph, such new complaint being denominated an amended complaint; that said amended complaint was filed on the 1st day of June, 1875, after which the venue of the cause was changed to the Bartholomew Circuit Court; that, on the 9th day of August, 1877, a judgment was rendered in the cause in that court against the said Milton Fleenor and the other defendants, for the sum of $ 6,500; that there was nothing in the judgment indicating the time at which the complaint was filed, or when the suit was commenced, or declaring that a lien attached to the real estate of the defendants at the time of the commencement of the suit; that, in February, 1885, the clerk of the Bartholomew Circuit Court issued an execution on such judgment and placed the same in the hands of the defendant, Thomas J. Taggart, who was the sheriff of said county of Brown; that said Taggart, as such sheriff, had levied said execution on a certain particularly described tract of land in said county, and had advertised the same for sale to satisfy such execution; that, on the 6th day of April, 1875, which was before the new, or amended complaint was filed as stated, the said Milton Fleenor, for a valuable consideration, sold, and by warranty deed conveyed, the real estate so levied upon to one Joseph Fleenor, which deed was duly recorded on the 7th day of the same month; that, on the 13th day of July, 1881, the said Joseph Fleenor sold and conveyed said real estate to one Eliza Fleenor; that the said Eliza died testate in August, 1884, having...