Summerhill v. Tapp

The equity of the bill, if it presents a case for equitable interference, rests on two facts, viz; that the complainant, Horace Summerhill, was the surety of Ira Arnold, on the note which is the foundation of the judgment sought to be enjoined; and that the respondent Tapp, the plaintiff in the judgment, stayed, without the consent of the surety, an execution which had been levied on property of the principal, of sufficient value to satisfy it, and that the principal has since become insolvent. The bill distinctly avers the suretyship, and the answer as positively denies it. The onus of…