3 D.C. 167
Decided May 15, 1827
This was submitted to the Court, upon the following case agreed. In 1818, in the Superior Court of Loudoun county, in Virginia, one Shepherd, for the use of Riggs, brought an action of debt against Jacob Dixon, for whom, McDaniel, the present plaintiff, became appearance-bail. At November Rules, 1818, there was an office-judgment against Dixon and McDaniel, his appearance-bail, nisi, which was confirmed at December Rules, 1818.
Decided 1827-05-15
¶1thought that as this was an action for money
¶2had and received, which is an equitable action, the plaintiff must show that ex cequo et bono, he was entitled to get back the money ; but as he had received an assignment of the judgment at the time of paying the money to Riggs, (which was a valuable consideration,) and still held that assignment, Riggs, who had lawfully received the money, had a right to retain it; especially as McDaniel was still bound as special bail.