Sherling v. Long

This was a suit brought by one joint obligor against his co-obligor for contribution. A demurrer to the petition was sustained on the ground that it disclosed on its face that the original debt had been discharged by the plaintiff more than four years prior to the institution of the suit, and therefore the action for contribution was barred by the statute of limitations; and the exception is to the sustaining of the demurrer.

*798Co-obligors and joint promissors are all equally bound to bear the common burden, and if one pays more than his share, he is entitled to contribution from the others.…