Farmer, Barnes v. 202 Morisey v. Hill, 06 Ferebec, Etheridye v. 312 Mosby v. Hunter, 119 Flinn v. Anders, 328 Munroe v. Stutts, 49 Freeman v. Skinner, 32 Murrill, Duffy v. 46 Gilliam, Cullifer v. 126 Myers v. Beeman, 116 Hamlin v. March, 35 Newsom, Stafford v. 507 Hardison v. Benjamin, 331 Nixon v. Nannery, 28 Hardy v. Williams, 177 Patrick, Lcc v. 135 Jlaughton v. Bailey, 337 Peterson, Toole v. 180 226 Hill v. Jackson, 333 Powell v. Baugham, 153 Morrisey v. 66 Rankin v. Rankin, 156 Bloldfast v. Shepard, 2.22 Reddick v. Satterfield, 358 Hunter, Mosby v. 119 Sutton v. SSO Hurst, Whitfield v. 170 Ross v. Swearinger, 481 Hussey, Carroll x 89 Roulhac v. White, 63 Iredell v Barbec, 250 Sanderson, Twidy v. 5 Jackson, llill v. 333 Satterfield, Reddick v. 358 v. Bradley, 362 Screws, Arrington v. 42 168 Shepard, Holdfast v. 222 Jordan v. Marsh, 234 Skinner, Hardy v. 190 Kime v. Brooks. 346 15 Snowden v. Banks, 135 Speight, Battle v. 288 Literary Board v. Clark, 58 Spurgin, Coltraine v. 52 Little, McKenzie v. 45 Siafford v. Newsom, 507 Long. Phelps v. 226 State v. Black, 375 Mcintos! v. Bruce, 511 v. Bogue, 360 McKenzie v. Little, 45 v. Cæsar, 391 McNorton v Robeson, 256 v. Dempsey, 3844 Makepeace, ex prute, 91 v. Ellison, 261 March, Hamlin v. 35 v. Henry, 463 Mardree v. Mardree, 295 v. R. Hildreth, 423 Marsh Jordan v. 234 v. 1). Hildreth, 410 Meares v. Comin'is of r. Howell, 485 Wilmington, 73 v. Jones, 38 Melchor. Adderton 1. 3419 v. Long, 188 Blercdiih vi.Inders, 329 v. McC.indlish, 375 Mi Cawless . v. McIntosh, v. Woodside, Sturdivant v. Davis, Stutts, Munroe v. Sutton, Albritton v. Sutton v. Robeson, Swearinger, Ross v. 307 Thompson, Crump v, 210 | Tilghman, West v. 356 Toole v. Peterson, 342 Tubbs v. Williams, 454 Twidy v. Sanderson, 20 Waddill, Dargan v. 140 West v. Tilghman, 496 White, Roulhac v. 365 Whitfield v. Hurst, 49 Williams, Tubbs v. 389 Hardy v. 380 Witcher, Snow v. 481 491 163 180 1 5 244 163 63 170 1 177 346 AUGUED AND DETERMINED IN THE SUPREME COURT OF NORTH CAROLINA AT RALEIGH. DECEMBER TERM, 1848. NANCY TUBBS & AL, ts. HORATIO N. WILLIANS, EX'R, &o. When a debtor has been discharged undor the bankrupt law, a surety, who might have come in under the commission, cannot afterwards recover from the debtor. Consequently where the surety appointed the deblor his executor, the residuary legalees of the surety cannot make the executor accountable for the debt. Appeal from the Superior Court of Law of Pasquotank County, his Honor Judge Bailey presiding. This was a petition to recover residuary legacies from the defendant as executor of William D. Tubus, in which the following case agreed was submitted to the Court. Tubbs v. Williams. William D. Tubbs, in his lifetime, became the surety of H. N. Williams and C. C. Green, who were merchants and partners trading in Elizabeth City, under the firm and style of H. N. Williams and Company, on a note signed by them, H. N. Williams & Co. payable to Lovey S. Pool, executrix of Thomas Pool for the sum of five thousand dollars, and interest from the 1st day of February, 1842. The said Wm. D. Tubbs, by his last will and testament, appointed the said H. N. Williams his Executor, and died in 1840. The said Williams duly qualified as executor, and took possession of the legacies be. queathed to the petitioners and others. At the Fall Term, 1848, of Pasquotank Superior Court, judgment was obtained on the said note against the said Williams and Green and against the said Williams as Executor of Wm. D. Tubbs, execution issued thereon and was subsequently enjoined. Shortly after the rendition of the said judgment on the said note, the defendant Williams was decreed a bankrupt, as was also the said Green, and re. ceived his certificate of discharge at Fall Term, 184, of the District Court of the United States for the District of North Carolina, at Edenton. The said Williams retained the possession of the negroes and other legacies, bequeathed to the petitioners, and hired them out and received the hires, according to the report of W. W. Griffin as here with filed, up to the 1st of June, 1847. Execution issued on said judgment from Fall Term, 1842, of Pas. quotank Superior Court, against H. N. Williams f.C, C. Green, merchants and partners, trading under the firm and style of H. N. Williams & Co., and H. N. Williams, Executor of Wm. D. Tubbs, returnable to Spring Term 1843 of said Superior Court, which was enjoined by a writ of injunction issuing from the District Court of the United States for the District of North Carolina, at Edenton. |