Whitaker v. DeGraffenreid
Supreme Court of Alabama
ERROR to the Chancery Court of Franklin. The bill was filed by the plaintiffs in error, and alleges that William H. Whitaker purchased apart of a 16th section from the school commissioners, took from them a title, and gave them a deed of trust for the purchase money, which was secured by four notes, on which B. M. Bradford, G. W. Foster and Jos. Trotter, were sureties.
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ERROR to the Chancery Court of Franklin. The bill was filed by the plaintiffs in error, and alleges that William H. Whitaker purchased apart of a 16th section from the school commissioners, took from them a title, and gave them a deed of trust for the purchase money, which was secured by four notes, on which B. M. Bradford, G. W. Foster and Jos. Trotter, were sureties. That Whitaker afterwards sold the land to one Radford McCargo, who agreed with Whitaker to pay the debt due the school commissioners. That afterwards, McCargo sold the land to the defendant in error, who bound himself by a…
1Opinion of the CourtOrmond, J.
There is clearly a misjoinder of complainants in this case, which is fatal on general demurrer. [Bowie v. Minter, 2 Ala. Rep. 406.] The three persons who were sureties *305for Whitaker, have no interest in the matter, in controversy. — ■ Until they pay the debt of their principal, they can maintain no' action in their own names, based upon their liability to pay the' debt, unless it be a bill in chancery to compel the creditor to sue. They were, therefore, improperly joined in a suit with their principal, unless it was shown that the promise of DeGraffenreid, was made to them jointly with their…
2Cases cited1 opinion
- Bowie v. MinterSupreme Court of Alabama · 1841
3Cited by3 opinions
- Colburn v. BroughtonSupreme Court of Alabama · 1846
- Tucker v. HolleySupreme Court of Alabama · 1852
- Marsh's Administrator v. Richardson's AdministratorSupreme Court of Alabama · 1873