Crayton v. Johnson
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. James B. Clark. This bill was filed by William L. Crayton against Thomas D. Johnson, to enjoin an action at law for contribution commenced by said Johnson in the Circuit Court of Chambers, under the following state of facts : Crayton, Johnson, John Dailey, and James H. Bryan, as partners in the “ Chicka-maugee Land Company”, were equally interested in a large quantity of lands lying in (what was originally)…
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Appeal from the Chancery Court of Chambers. Heard before the Hon. James B. Clark. This bill was filed by William L. Crayton against Thomas D. Johnson, to enjoin an action at law for contribution commenced by said Johnson in the Circuit Court of Chambers, under the following state of facts : Crayton, Johnson, John Dailey, and James H. Bryan, as partners in the “ Chicka-maugee Land Company”, were equally interested in a large quantity of lands lying in (what was originally) Cherokee county, Georgia. The State of Georgia had established a lottery of the Indian lands in said Cherokee county, in…
1Opinion of the CourtChilton, C. J.
It is an admitted principle of law, that where parties stand in cequali jure, with reference to liabilities arising ex contractu, equality of burthen becomes equity. 4 Kent, 390, 391, ed. of 1854.
In this case, the parties, being equally bound by the covenants in their joint deed to Cavender, were equally bound to bear the burthen of any loss which might accrue therefrom ; but this equality can be destroyed by the act of the party in superinducing the loss, or by their mutual contract subsequently entered into. If the goods of a party are necessarily thrown overboard in order to save the ship,…
2Cases cited1 opinion
- Steele v. MealingSupreme Court of Alabama · 1854
3Cited by1 opinion
- Owens v. GreenleeSupreme Court of Colorado · 1920