Berton v. Anderson
Supreme Court of Arkansas
Appeal from Phillips Circuit Court in Chancery. 1. A surety paying the debt of his principal has a right to contribution from his co-surety. Mansf.
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Appeal from Phillips Circuit Court in Chancery. 1. A surety paying the debt of his principal has a right to contribution from his co-surety. Mansf. Dig. secs. 6403-4. 2. As the co-surety was dead, and the administration closed before appellant’s cause of action accrued, his remedy at law was inadequate, and his remedy is in chancery to subject the real estate which descended to his heirs to the payment of his demand. 15 Ark. 412 r. 14 id. 253; 39 id. 577; 18 id. 118 ; 31 id. 234; 40 Ark. 433. 3. Bands descended to an heir and in his hands are subject to the right of contribution by a…
1Opinion of the CourtMansfield, J.
This is a suit in equity brought by Peon Berton to subject certain lots, in the city of Helena, which descended to the heirs of Paul P. Anderson, deceased, to contribution in the payment of a sum. for which the plaintiff and the decedent were jointly liable as co-sureties on the bond of W. G. Moore as guardian of Tennie Hickman, and the whole amount of which the plaintiff has been compelled to pay, De Witt* Anderson, one of the heirs of Paul P., having purchased the interests of his co-heirs in the lots, was made sole defendant to the complaint, and resisted the relief sought on the following…
2Cases cited6 opinions
- Walker v. ByersSupreme Court of Arkansas · 1853
- Griswold v. BigelowSupreme Court of Connecticut · 1826
- Mays v. RogersSupreme Court of Arkansas · 1881
- Hall v. BrewerSupreme Court of Arkansas · 1883
- Hecht v. SkaggsSupreme Court of Arkansas · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
- Chitty v. GillettSupreme Court of Oklahoma · 1915
- First National Bank v. ConnollyOregon Supreme Court · 1942
- Baker v. BakerSupreme Court of Iowa · 1935
7 more not listed; retrieve them via the Exa API.