Equity will reimburse a defendant at law, who, by judgment at law, has been compelled to pay too much; he not having had notice of the proceeding at law against him.
NOTE. — See Fish v. Lane, post, 342; Gatlin v. Kilpatrick, 4 N.C. 147; Jones v. Jones, 4 N.C. 547; Peace v. Nailing, 16 N.C. 289; Alley v. Ledbetter, ibid., 449; Bizzell v. Bozman, 17 N.C. 154; Armsworthy v. Cheshire, ibid., 234; Dudley v. Cole, 21 N.C. 429; Woodfin v. Smith, ibid., 451; Wells v. Goodbread, 36 N.C. 9; Piercy v. Piercy, ibid., 214.