Ellis v. Jones - 42 U.S. 197 (1843)

U.S. Supreme Court

Ellis v. Jones, 42 U.S. 1 How. 197 197 (1843)

Ellis v. Jones

42 U.S. (1 How.) 197

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF ALABAMA

Syllabus

The law of the State of Alabama, passed in 1821, c. 26, s. 5, which authorizes securities to require of the creditor forthwith to put the bond &c., in suit, against the principal, and absolves the security unless the creditor commences suit and uses due diligence to collect the debt from the principal, does not include a case where the parties (principal and security) unite in a joint and several sealed bill.

On 16 January, 1837, the plaintiffs in error executed the following bill.