There can be no doubt upon this point. The nonsuit was regular and must stand.
Taylor v. Grace, 6 N.C. 66, 2 Mur. 66 (1811)
July 1811
·
Supreme Court of North Carolina
6 N.C. 66, 2 Mur. 66
John Taylor v. Robert Grace and others.
> From Wayne. J
An action of debt will not lie against heirs upon a bond of the ancestor in which they are not expressly bound.
James Grace gave a bond to John Taylor in the following words, to wit: .
“ On demand, I promise to pay or cause to be paid unto John Taylor, his heirs or order, the sum of fifty-six pounds, twelve shillings, specie, with lawful interest till paid, it being for value received, as witness my hand and seal, this 2fth July, 1796.
JAMES. GRACE, (Seay.)”
James Grace having died, Taylor brought an action of.debt on this bond against the Defendants, who were his heirs at law : and upon the trial, the presiding Judge nonsuited the Plaintiff, on the .ground that the obligor had not bound his heirs to pay the debt.