Parker v. . Jones
Supreme Court of North Carolina
Cause removed from the Court of Equity of Orange county. A judgment was rendered at the Superior Court of Orange, at September Term, 1858, for about one thousand dollars, in favor of the administrators of B. L. Durham, against John A. McMaonen, who was principal, and plaintiffs, Parker, Loekhart and one C. T. McMannen, as sureties, and execution was taken out thereon, and put into ‘the hands of the defendant Jones, who is the sheriff of Orange county.
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Cause removed from the Court of Equity of Orange county. A judgment was rendered at the Superior Court of Orange, at September Term, 1858, for about one thousand dollars, in favor of the administrators of B. L. Durham, against John A. McMaonen, who was principal, and plaintiffs, Parker, Loekhart and one C. T. McMannen, as sureties, and execution was taken out thereon, and put into ‘the hands of the defendant Jones, who is the sheriff of Orange county. Thisexeeution was levied on the land owned by J. A. McMannen, being all he owned. Jones had various other executions in his hands, issued from…
1Opinion of the CourtPeaRSON, C. J.
The bill discloses no' equity against the defendants, Stagg aad Davis, the administrators of the creditor. He did no wrong-, and it is not charged that he, in any way, induced or concurred in the supposed misconduct of the defendant, Jones, as sheriff, or was connected with the supposed' fraudulent combination between Jones and the other defen ai-dants. On the contraiy, he was the party directly injured by it, and was thereby delayed in the collection of his debt, and it would be strange if that could be made a ground for enjoining his personal representative from proceeding in the exercise…
2Cited by3 opinions
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