Husbands v. Jones

ON PETITION FOR REHEARING.

Opinion by

Judge Peters':

We propose to present our understanding of the authorities referred to in the petition for a rehearing, and to ascertain the analogy between the cases if there be any.

*312The first case is Burk et al. v. Chrisman et al., 3 B. Mon. 50. Burk purchased a tract of land and gave his bonds for the price with Chrisman and Crozier as his sureties. He afterwards sold out the land in different parcels to several persons, a distinct portion to each, left the state, and became insolvent. His sureties paid the original price of the land to his vendor, and…