Select Cases Reported in the Several Courts of the United States and Great Britain; In the Years 1848, 1849, and 1850: Some Entire, But Mostly in a Condensed Form Volume 10 - Softcover

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 edition. Excerpt: ... ' _ Without intending to adopt, except with a modification, the principles to their full extent laid down in those cases, and much less to disturb the well-considered doctrines ruled by this Court in Bostwick v. Perkins et al., 1 Kelly, 136, we are inclined to return this bill. The case as made is a weak one. And yet, if it be true that this money has been paid to the original creditors, either by the two defendants in Twiggs or some one for them, and that the execution is still kept open in Lee and pressed against Chastain's property, and that he used what diligence he could to procure proof of the fact in order to defend himself at law, and was un-able to do so--indeed, although he suspected it to be true, he could not at that time ascertain the fact so as to put in his defence at law--l repeat, that if all this be true, and the complainant in the bill alleges that it is, justice has certainly not been done. Hero is an important matter--not within the knowledge or power of Chastain, which was well known ' to Samuel B. Pearce & Co. the plaintiffs at law-which has been dis covered since the trial, but not within time to make it the ground of a motion for a new trial, and which would unquestionably have defeated the recovery if it had been known in time. If the defendants in their answer admit these statements to be true--and by their demurrer they do admit them--in conscience and equity they ought not to avail themselves of the judgment which they have obtained. While on the one hand, therefore, we are not willing to suffer the partnership of Chastain & Durpree to be adjusted in this summary way, by allowing the two partners in Twiggs, or one who has discharged the debt for them, to realize the whole amount of it out of...

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