Cox v. Smith

By the Court,

Watson, C. J.:

This is a suit to enjoin an execution sale on a satisfied judgment, on the ground that it will throw a cloud over the •complainant’s title to real property if permitted to take place. The facts are as follows: George W. Cox, as principal, and Gideon S. Cox, the respondent, as surety, executed a title bond in favor of A. E. Smith, the appellant, in the penalty of $4,000. There was a failure to convey, and Smith brought an action on the bond for $2,500 damages. George W. made default, and Smith took judgment against him separately for $2,586 75 — the full amount…