Dobyns & Davis v. Rawley
Supreme Court of Virginia
Appeal from decree of circuit court of Carroll county, rendered October, 1881, in the suit of John W. Rawley against Jeremiah Davis, B. W. Dobyns, Franklin Derting, S. M. Fulton and others. The facts and proceedings are indicated in the syllabus and fully stated in the opinion of the court. From the decree against them the defendants obtained an appeal to this court.
1Opinion of the CourtBurks, J.
The purchase money for the tract of land sold and conveyed by Fulton to Rawley and Davis jointly was $5,000, for the payment of which they executed their joint bonds. In the subsequent division of the land between the purchasers, Rawley's parcel was rated at $2,600 and Davis’ at $2,400, and in this proportion they were to discharge their joint indebtedness to Fulton.
The legal effect of the arrangement was, that as between the two purchasers and in relation to each other, .they were principal debtors for their respective portions of the pur*539-chase money, and each was surety for the other’s…
2Cases cited2 opinions
- Horton v. BondSupreme Court of Virginia · 1877
- Hunter v. Lawrence's adm'rSupreme Court of Virginia · 1854
3Cited by11 opinions
- Sands' Administrator v. DurhamSupreme Court of Virginia · 1901
- Sanford v. PikeOregon Supreme Court · 1918
- Davenport v. TimmondsMissouri Court of Appeals · 1911
- Adams v. Pugh's AdministratorSupreme Court of Virginia · 1914
- Morrison v. HarmonWest Virginia Supreme Court · 1932
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