Green v. Crockett
Supreme Court of North Carolina
The bill which was filed in November, 1837, charged that at the November Term, 1836, of the Court of Equity for the county of Caswell, it was decreed on the petition of the heirs at law of one Littleton Sledge, that a lot of land in the town of Milton, in said county, should be sold by the Clerk and Master of said Court, upon the terms therein stated, which was accordingly done, in December following, when the defendant, John H. Crockett, became the purchaser, at the price…
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The bill which was filed in November, 1837, charged that at the November Term, 1836, of the Court of Equity for the county of Caswell, it was decreed on the petition of the heirs at law of one Littleton Sledge, that a lot of land in the town of Milton, in said county, should be sold by the Clerk and Master of said Court, upon the terms therein stated, which was accordingly done, in December following, when the defendant, John H. Crockett, became the purchaser, at the price of $151, and therefor gave his bond, at six months, to the said Clerk and Master, with the plaintiffs as his sureties;…
1Opinion of the Court
Ruffin, Chief J ustice.
There is no dispute in the pleadings, as to any fact material to the equity urged on the part of the plaintiffs, and on which the decree is based; and upon the facts admitted and found, the decree is, in our judgment, certainly right in substance.
It is a rule which has ripened into a maxim of equity, that sureties are entitled to the benefit of every security which the creditor gets against the principal. So clear and strong is this title of sureties, that if the creditor gives up a security which if preserved, would have produced payment to the creditor, or indemnity…
2Cited by5 opinions
- Williams v. . LewisSupreme Court of North Carolina · 1912
- Bradburn v. . RobertsSupreme Court of North Carolina · 1908
- Schoffner v. . FoglemanSupreme Court of North Carolina · 1864
- Arnold v. . HicksSupreme Court of North Carolina · 1843
- Williams v. . HelmeSupreme Court of North Carolina · 1828