Page:Federal Reporter, 1st Series, Volume 5.djvu/478

 466 PBDBBAL BEPOBTEB. �his sureties. Henry Gordon qualified as deputy sheriff under him, and gave bond to hirû as deputy, with Daniel Stringer and others as sureties. During the period of this service two estates were, in pursuance of law, committed to the sheriff, Selden, — that is to say, in fact, to the deputy sheriff, Gordon, — viz. : those of John St. John, in June, 1847, and that of iohn L. Cocke, in December, 1847. Henry Gordon was, in flucceeding years, deputy for varions high sheriffs, who held successively by annual tenures, and gave bond to each, suc- cessively, with various sureties. Amongst others he was dep- uty in the year March, 1851, to March, 1852, for Chastain Cocke. In that year, it is alleged by Ed. S. Brown, ex- ecutor of Daniel Stringer, an execution came into his hands, in favor of Lancaster & Denby, against one E. K. Eonald, for the benefit of the estate of John L. Cocke, returnable to June rules ; but, as the said Brown alleges, the same was not then returned, and was never returned, by which fact Gordon and his sureties, and his principal and his sureties, became liable. In 1860 Henry Gordon failed and became totally insolvent, and assigned ail his property for the benefit of ail his cred- itors in certain preferred classes. Charles Selden thereupon brought suit in equity in the circuit court of Powhatan county against Gordon and his sureties in the bond given in March, 1847, to indemnify him, seeking an account of ail estates committed to the hands of the sheriff in the year of Selden 's sheriffalty ; but no personal representative of John St. John, or of John L. Cocke, was made party to the suit. The personal representatives of William A. Turpin, surety for Selden, and of Daniel Stringer, surety for Gordon, on their respective officiai bonds, were among those who were made parties defendant to the suit. At the October term, 1860, of that court, an account was ordered to be taken, and in due time thereafter an account was taken by a commissioner of the court, (Graves,) aud a report thereof filed by the commissioner in April, 1861. This report, to which there was no excep- tion, showed that there was due to the estate of John St. John ihe sum of $1,811.82, with interest from May 30, 1860; and ����
 * o the c:;t-it8 of John L. Cocke, (from the non-return of the