Couch v. Terry's Adm'rs
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Lawrence county. The complainant alledges, that on the 15th of April, 1839, Thomas J. Couch as principal, and himself and William L. Couch, and David Terry, as sureties, executed their writing obligatory, by which they obliged themselves to pay to the administrators of the estate of Daniel Johnson, deceased, the sum of $1137 58, one day after date.
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Writ of Error to the Court of Chancery sitting in Lawrence county. The complainant alledges, that on the 15th of April, 1839, Thomas J. Couch as principal, and himself and William L. Couch, and David Terry, as sureties, executed their writing obligatory, by which they obliged themselves to pay to the administrators of the estate of Daniel Johnson, deceased, the sum of $1137 58, one day after date. On this writing a judgment was recovered by the obligees, in the county court, on the 19th January, 1841, against all the obligors, (saving the principal, who was not served with process,) for the…
1Opinion of the CourtCollier, C. J.
The act of 1839, “ for the relief of sureties in certain cases,” provides, that when a suit may be pending against a surety, he may give notice to any co-surety not sued, and recover a judgment against him for his proportion of the debt: “Provided however, that if any of said co-sureties are insolvent, the surety thus sued as aforesaid, may, on said motion to be made as above, recover a judgment against said co-surety, or sureties, thus to be notified, the proportion which such co-surety or sureties should pay, if such insolvent co-surety, or sureties, were not bound for said debt, or…
2Cases cited1 opinion
- Sherrod v. RhodesSupreme Court of Alabama · 1843
3Cited by8 opinions
- Chipman v. Morill & WebsterCalifornia Supreme Court · 1862
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Scott v. McGriffSupreme Court of Alabama · 1930
- Spragins v. McCalebSupreme Court of Alabama · 1939
- Broughton v. WimberlySupreme Court of Alabama · 1880
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