Huston's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Indiana, county: In Equity: No. 224, to October and November Term 1871. On the 7th of May 1868, a judgment by confession upon warrant of attorney for $271.67, was entered in favor of Conrad Sylvis against Adam Titterington and F. Hollen, Hollen being surety for Titterington.
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Appeal from the decree of the Court of Common Pleas of Indiana, county: In Equity: No. 224, to October and November Term 1871. On the 7th of May 1868, a judgment by confession upon warrant of attorney for $271.67, was entered in favor of Conrad Sylvis against Adam Titterington and F. Hollen, Hollen being surety for Titterington. On the 17th of October 1868, Harvey J. Huston and Samuel M. Huston obtained a judgment against Hollen for $2235.00. At the same time R. R. Clawson was endorser on a note for Hollen to the First National Bank of Indiana; the note being unpaid and protested, the bank…
1Opinion of the Court
The opinion of the. court was delivered, January 9th 1872, by
Williams, J.
It is clear that Hollen was entitled to be subrogated to the judgment of Sylvis as against Titterington for whom he was surety. And if his right of subrogation was merely a personal one, it passed to Clawson by the assignment, and the appellants were not entitled to be subrogated to the judgment as against him. But if they were entitled to subrogation as against Hollen, then they were entitled to subrogation as against Clawson, the appellee. The court below decided the question in favor of the appellee on the authority…
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