Massey v. Brown
Supreme Court of South Carolina
Before THOMAS, J., at Lancaster, June Term, 1872. Bill in equity by D. W. Brown, executor of Dixon Barnes, deceased, plaintiff, against John B. Erwin and wife, creditors of Barnes and others, defendants, for settlement of the estate of the testator.
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Before THOMAS, J., at Lancaster, June Term, 1872. Bill in equity by D. W. Brown, executor of Dixon Barnes, deceased, plaintiff, against John B. Erwin and wife, creditors of Barnes and others, defendants, for settlement of the estate of the testator. Creditors were called in by publication to establish their claims before a Referee, and in pursuance of the call B. F. Massey presented a claim, which arose as follows: B. F. Massey, the claimant, was the ward in Chancery of Samuel B. Massey, deceased, and Barnes, the testator, Brown, his executor, and James E. Cureton, were sureties in the…
1Opinion of the Court
The opinion of the Court was delivered by
Moses, C. J.
The proposition of the appellant, that a release by the debtor of one of the joint and several sureties does not operate to discharge the other, cannot be maintained. At law, a discharge of one surety by the creditor will bar a recovery against all in the like relation to the debt. — Burge on Suretyship, 156 ; Nicholas vs. *94Revell, 4 Ad. & Ell., 675. The same rule will generally prevail in equity. The argument before us, insisting on a contrary doctrine, relies for its support on Ex Parte Gifford, 6 Ves., 805, in which Lord Eldon held that…
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