Hill v. Manser
Supreme Court of Virginia
In October 1840- Samuel McD. Moore recovered a judgment in the Circuit court of Fayette county against John Hill, for one thousand six hundred dollars, with interest. On this judgment an execution was issued, on which Hill executed a forthcoming bond with Hiram Hill and Pleasant Hawkins 'as his sureties.
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In October 1840- Samuel McD. Moore recovered a judgment in the Circuit court of Fayette county against John Hill, for one thousand six hundred dollars, with interest. On this judgment an execution was issued, on which Hill executed a forthcoming bond with Hiram Hill and Pleasant Hawkins 'as his sureties. This forthcoming bond was forfeited, and execution was awarded against all the parties in' August 1841: And the execution was returned levied, and the property sold for want of bidders. *By deed bearing date the 12th of ' May 1842, John Hill conveyed to Hudson M. Dickenson two tracts of land,…
1Opinion of the Court
ALLEN, P.,
delivered the opinion of the court:
The court is of opinion that the appellant as surety *for John Hill in a forthcoming bond which was forfeited, became thereby surety for the debt; and when he paid the same as such surety, he became entitled upon the principles of a court of equity, to all the rights of the creditor against the original debtor, subsisting at the time he became so bound for the debt; and that the judgment for the benefit of the surety so paying, is not regarded as extinguished, but transferred with all its obligatory force against the principal, and constituting a…
2Cited by3 opinions
- Neal v. BuffingtonWest Virginia Supreme Court · 1896
- Brown v. ThompsonWest Virginia Supreme Court · 1925
- Dent v. Wait's Admr.West Virginia Supreme Court · 1876