Page:Federal Reporter, 1st Series, Volume 5.djvu/479

 H0WABD8 V. 8BLDEN, 467 �execution heretofore mentioned,) the sum of $461.63, with interest on the quarter p9,rt thereof from Deeember 31, 1853. The civil war then supervened, and with it stay laws, which remained in force until January, 1870. Nothing was done in the suit until September, 1875, when the court confirmed the commissioner'B report of April, 1861. Executions were in due course issued for the amounts found due against Ed. S. Brown, executer of Daniel Stringer, and others liabie, and were returned "no effects." Nothing further seems to have been done in this suit in the circuit court of Powhatan county, brought by Selden against Gordon and his sureties, and revived for and against representatives. �In October, 1876, James L. Howard and David P. Howard, legatees of John St. John, brought suit on the equity sida of this, the United States circuit court for the eastern district of Virginia, for the recovery of the sum of $1,811.82, shown to be due from the sheriff of Powhatan to the estate of their tes- tator. St. John, and made ail the parties plaintiff and defend- ant in the aforeB9,id suit of Selden y. Gordon, in the cireuit court of Powhatan, parties defendant, including the represent- atives of the estate of John L. Cocke, on whom process was duly served. Among these defendants were the representa- tives of William A. Turpin, who had been a surety of Charlea Selden, high sheriflf. To the bill filed by the Howards in this court, E. S. Brown, executor of Daniel Stringer, demurred, specifying as grounds of demurrer substantially the same objections, which are to be considered in the sequel, as raised to the petition, about to be mentioned, of William A. Tur- pin's representatives; the principal ground of demurrer being an alleged want of jurisdiction in this court to deal with the assets or liabilities of Daniel Stringer's estate. In April, 1877, this court, holding that Charles Selden and his sureties were liabie to the (Howards) complainants for what had been adjudieated to be due from them to the estate of John St. John by the state court, directed an account to be taken before one of its own commissioners (Hudnall) to ascertain the full liabilities of Selden's estate as sheriff, to whom the sums for which it was liabie were due, and to ascertain the ����