Holman v. Hudson

Smith, O. J.,

delivered the opinion of the court.

In 1926, P. B. Worthy, J. J. Pearson, and J. E. Hudson executed a written agreement guaranteeing the payment to W. T. Bawleigh Company of merchandise to be sold by it to Wilbur K. Bennett. The Bawleigh Company sued on this guaranty and obtained a joint judgment of $300 against the guarantors. This judgment was collected by the Bawleigh Company from Pludson, who then instituted a suit in equity against Worthy for the recovery of one-third thereof. He also alleged that Worthy had fraudulently conveyed all of his property to the appellant, his…