Steele v. Mealing
Supreme Court of Alabama
Error to tbe Chancery Court of Lowndes* Heard before the Hon. J. W. Lesesne, This bill was filed by Jonathan Mealing against David A. Steele, for an account and contribution of a certain mortgage fund alleged to be in the defendant’s hands and partly claimed by the complainant.
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Error to tbe Chancery Court of Lowndes* Heard before the Hon. J. W. Lesesne, This bill was filed by Jonathan Mealing against David A. Steele, for an account and contribution of a certain mortgage fund alleged to be in the defendant’s hands and partly claimed by the complainant. The bill alleges, that said complainant and defendant, some time before the year 1846, became joint sureties of one A. Borland, on anote for $9004 14, held by the Branch Bank at Montgomery (but the record nowhere states the date of this note, or the time when it became payable); that said Borland, after this note had…
1Opinion of the CourtGibbons, J.
From the best examination that we have been able to give the record before us, we can perceive no error in the decree of the Chancellor below. The position is undeniable, that where a mortgage, or other security, is given to one of several sureties for his indemnity on any particular debt, it enures to the benefit of all the sureties to that debt. —1 Story’s Eq. §499; Steele v. Brown, 18 Ala. R. 700; Pinkston v. Taliafero, 9 Ala. 547; Bell v. Lamkin, 1 Stew. & P. 460. It is also equally clear, that where a mortgage is given to one of several sureties, for his indemnity against certain debts…
2Cases cited4 opinions
- Ansley v. RobinsonSupreme Court of Alabama · 1849
- Graham v. TankersleySupreme Court of Alabama · 1849
- Pinkston v. TaliaferroSupreme Court of Alabama · 1846
- Bell v. LamkinSupreme Court of Alabama · 1832
3Cited by10 opinions
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
- Estate of KochWisconsin Supreme Court · 1912
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- Munden v. BaileySupreme Court of Alabama · 1881
- Askew Bros. v. Steiner & LobmanSupreme Court of Alabama · 1884
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