Vail v. Diamond

To the complainant's bill to quiet the title to lands, the defendant filed a counter-claim, in which he set up, and it is admitted by the answer or established by the evidence, that in August, 1920, he began an action for fraud in the Essex circuit court against Herman Bartsch, in which Bartsch, with one Clinton E. Vail, as surety, entered into a recognizance, bail above, in the sum of $5,000 in the usual form. Judgment was entered in the suit in February, 1921, for $8,000. A capias ad satisfaciendum issued and was returned non est inventus. Thereupon, the defendant sued out a writ of…