Nelson v. Williams
Supreme Court of North Carolina
The statement of the bill was, that one Britt, and the plaintiff as his surety, gave to Brinkley a bond, on which judgment was rendered in November 1837, for ‡109 -fifiy against both the obligors. Britt then owned a tract of land, unencumbered and of value sufficient to satisfy the debt; but his circumstances were becoming doubtful.
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The statement of the bill was, that one Britt, and the plaintiff as his surety, gave to Brinkley a bond, on which judgment was rendered in November 1837, for ‡109 -fifiy against both the obligors. Britt then owned a tract of land, unencumbered and of value sufficient to satisfy the debt; but his circumstances were becoming doubtful. It was agreed therefore, between Brinkley and the plaintiff, that a fieri facias should be sued out and levied on the land, which was accordinly done, and a sale advertised by the sheriff. The bill then stated, that subsequently thereto, the defendant Williams,…
1Opinion of the Court
Ruffin, Chief Justice,
having stated the case as above, proceeded as follows : This Court is unable to take the same view of the case which his Honor did. The bill appears to us to present every fact material to the equity -asked by the plaintiff; and the allegations of the bill are either admitted or not denied ; which, in this stage of the proceeding, is all one. It must be taken then, that the execution was levied at the instance of the surety on the property of the principal and would have been satisfied but for the admitted acts of the defendants; and that now it cannot be satisfied out…
2Cited by7 opinions
- Behlen Mfg. Co. v. First National Bank of EnglewoodColorado Court of Appeals · 1970
- Holden v. . StricklandSupreme Court of North Carolina · 1895
- Williams v. . LewisSupreme Court of North Carolina · 1912
- Mulvihill v. First National BankSupreme Court of Colorado · 1926
- Bank of Commerce & Trusts v. McArthurDistrict Court, E.D. North Carolina · 1919
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