Pitts v. Tilden

This has never been questioned except in case of a surety. It has been ruled so often in ‘ the case of the principal, that the point cannot now be brought into question. It rests on principles of law as well as equity. (a)

Harris vs. Clap & Al. 1 Mass. Rep. 308. — Peers vs. Baldwin, 2 Eq. Cas. Abr. 611, pl. 4. —3 Atk. 518. — Atwell's Exrs. vs. Fowles, 1 Munf. 375. — Tennant, Exr. vs. Gray, 5 Munf. 494. —Moore vs. Fenwick, Gilm. R. 234. — Smedes vs. Haughtaling, 3 Caine, 48 — Treadwell vs. M’Keal, 2 Johns. Cas. 340. — Troup vs. Wood, 4 John. Ch. 228. — Brown vs. Hallet, 1 Caine, R. 518. —…