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4 S.C. Eq. 21

Hoell v. Blanchard

Court of Appeals of South Carolina

Decided February 15, 1809

Court of Appeals of South Carolina · decided 1809-02-15

The hill states that William Bonds, the first husband of Mrs. Hoeli, died in 1804, possessed of a considerable personal estate. That Daniel Carpenter and the complainant Ann, in August 1804, took upon themselves the administration of the said estate, and gave bond in the usual form to the ordinary, with the defendant Langley and Blanchard as surety.

Decided 1809-02-15

¶1There is complete and adequate remedy at law. Tbe court Will not support a bill against securities in an administration bond, till a right has been established against the principal or administrator. Let any party *26interested bring a suit against the administrator, anti establish a debt against him at law, or in equity, and then a suit may be brought at law on the bond, against the sureties, who would then be made liable, not before.' — ■- The court after the argument, affirmed the decree of the circuit court.

Yancey, for complainant — Calhoun, for defendant*
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