Legal Opinion

Brown v. Long

Supreme Court of North Carolina

Decided December 5, 1838PublishedCited by 1 opinion

The defendant, Long, wasf indebted to Campbell, one of the plaintiffs, in the sum of $1000, and executed his bond therefor with Brown, another of the plaintiffs, his surety. On that bond Campbell took judgment at law, for principal, in-' terest and costs ; and thereupon issued a capias ad satisfa-ciendum, on which Long was arrested, and from which he was, in 1833, discharged as an insolvent debtor.

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The defendant, Long, wasf indebted to Campbell, one of the plaintiffs, in the sum of $1000, and executed his bond therefor with Brown, another of the plaintiffs, his surety. On that bond Campbell took judgment at law, for principal, in-' terest and costs ; and thereupon issued a capias ad satisfa-ciendum, on which Long was arrested, and from which he was, in 1833, discharged as an insolvent debtor. The plaintiff, Brown, subsequently made a satisfactory arrangement with Campbell for the debt, and took an assignment of the judgment to the other plaintiff, Cowan, in trust for Brown. The…

1Opinion of the Court

Ruffin, Chief Justice,

having stated the case as abovs, proceeded'as follows: The counsel for the plaintiffs, as a ground for reversing the decree, has endeavored to maintain^ the general proposition, that equity will, on behalf of any judgment creditor, lay hold of the stock or choses in action of the debtor, and apply them in satisfaction of the debt, if execution cannot be done on visible and tangible estate.

With respect to the equitable property of a debtor, there seems to be no doubt of the correctness of the rule as laid down, provided the thing would be subject to execution if the…

2Cited by1 opinion

  1. Phillips v. . TrezevantSupreme Court of North Carolina · 1874

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