Vanderveer v. Ware
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. The bill in tliis case was filed on the 2d March, 1880, by W. P. Yanderveer, against Bobert Y. Ware individually, and as the executor of tbe last will and testament of Bobert J. Ware, and against tbe widow and children of said testator; and sought to coerce satisfaction of a judgment, which tbe complainant had paid as tbe surety of said Bobert Y. Ware, out of tbe lands devised by the testator’s…
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Appeal from the Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. The bill in tliis case was filed on the 2d March, 1880, by W. P. Yanderveer, against Bobert Y. Ware individually, and as the executor of tbe last will and testament of Bobert J. Ware, and against tbe widow and children of said testator; and sought to coerce satisfaction of a judgment, which tbe complainant had paid as tbe surety of said Bobert Y. Ware, out of tbe lands devised by the testator’s will to the several defendants, or out of tbe rents and profits thereof in the bands of a receiver, wbo bad been…
1Opinion of the CourtSomeryille, J.
— Section 3418 of the Code (1876) authorizes a surety to pay a judgment obtained by any creditor against himself and his principal, and to have the judgment assigned to himself. He is thus empowered to “ assert, in law or equity, any lien or right against the prin*609cipal debtor, which the plaintiff could assert, if the debt had not been paid.”
The assignment of the judgment' rendered on the supersedeas bond, which was taken by the appellant, conferred on him any lien or right which the trustees of Howard College could have enforced, as the plaintiffs in such judgment, against the “ principal…
2Cases cited1 opinion
- Preslar v. StallworthSupreme Court of Alabama · 1861
3Cited by8 opinions
- Schuessler v. DudleySupreme Court of Alabama · 1886
- Cawthorn v. JonesSupreme Court of Alabama · 1882
- Peterson v. Drennen Motor Car Co.Supreme Court of Alabama · 1951
- Rickel v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1900
- Vann v. VannSupreme Court of Alabama · 1881
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