Ellis v. Jones, 42 U.S. 197 (1843)
U.S. Supreme CourtEllis 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
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.