Himes v. Keller
Supreme Court of Pennsylvania
ERROR to the Special Court of Common Pleas of Cumberland county. George Himes against Jacob Keller. This was an issue directed to try the right to the proceeds of the sale of the real estate of Peter Ege, in the hands of the sheriff. The plaintiff in error was the plaintiff below, and claimed the whole amount of a judgment: John H. Weaver v. George W. Woodburn, Peter Ege and Joseph A. Ege, for $2950. John H. Weaver sworn.
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ERROR to the Special Court of Common Pleas of Cumberland county. George Himes against Jacob Keller. This was an issue directed to try the right to the proceeds of the sale of the real estate of Peter Ege, in the hands of the sheriff. The plaintiff in error was the plaintiff below, and claimed the whole amount of a judgment: John H. Weaver v. George W. Woodburn, Peter Ege and Joseph A. Ege, for $2950. John H. Weaver sworn. George W. Woodburn was indebted to me to that amount, and he gave me Peter Ege and Joseph A. Ege as security in the judgment in dispute. When Woodburn and I talked about the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The' question is whether, considering Himes as Joseph A. Ege’s representative, he has the right to claim the whole *404amount of this judgment, or only one-half; or in other words, whether P. Ege is to be considered as principal, or co-surety.
The principle has been adopted by courts of chancery, that a surety in a bond or other security, paying it to the creditor, is entitled to a cession of the debt, and a substitution or subrogation to all the rights and actions of the creditor against the debtor; and the security is treated as between the…
2Cases cited1 opinion
- Hayes v. WardNew York Court of Chancery · 1819
3Cited by6 opinions
- Eaton v. HastyNebraska Supreme Court · 1877
- Wright v. Grover & Baker S. M. Co.Supreme Court of Pennsylvania · 1876
- Lloyd v. GalbraithSupreme Court of Pennsylvania · 1858
- Gring's AppealSupreme Court of Pennsylvania · 1879
- Singizer's AppealSupreme Court of Pennsylvania · 1857
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