Wheeler v. . Taylor
Supreme Court of North Carolina
Cause, removed from the Court of Equity of Rowan County, át the Spring Term 1848. It appears upon the bill, that the defendant Nathan B. Taylor was indebted in two several bonds or notes to one John Murphey, amounting in the whole to @7000, and that the plaintiff and one Nathan Chaffin, who is dead, were his sureties.
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Cause, removed from the Court of Equity of Rowan County, át the Spring Term 1848. It appears upon the bill, that the defendant Nathan B. Taylor was indebted in two several bonds or notes to one John Murphey, amounting in the whole to @7000, and that the plaintiff and one Nathan Chaffin, who is dead, were his sureties. Judgments were obtained and executions issued, and the plaintiff alleges he has paid $>5000 upon them, the balance being paid by the estate of Chaffin, and that he has commenced his action at law against the defendant N, B. Taylor, to recover the money so paid by him, which is…
1Opinion of the CourtNash, J.
It is apparent upon the face of the bill, that it cannot be sustained; that, in this stage of the plaintiff’s controversy with N. B. Taylor, he has no right to ask the aid of this Court. His allegation is that he has paid money for and on account of the defendant, as his surety to John Murphey. If this be so, he has a clear legal remedy, which a Court of common law is fully competent to enforce, and it is only after he has established his claim by the judgment of such Court, that he can claim the aid of this, either to make his execution at law effectual, orto give him a decree in the nature…
Also in this document: Per curiam.
2Cited by1 opinion
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