Daniel v. Ballard

Baliard, as a co-surety, with Daniel, for Caperton, having paid the whole debt, obtained a decree against Caperton, for one half, and against Daniel for the other moiety thereof; and this writ of error is prosecuted to reverse the decree.

Daniel insists, that lie became bound as surety' at Ballard’s instance, and for Ballard’s benefit, and that, moreover, if he be equitably liable to Ballard for contribution to any extent, the decree against him is for too much.

Had Daniel proved, as he alleged in his answer, that he signed the joint obligation at the instance and for the benefit of Ballard,…