Robertson v. Trigg's adm'r
Supreme Court of Virginia
Daniel Trigg, of Washington county, died in February, 1853, and John A. Campbell qualified as his administrator. In March, 1855, Campbell filed his bill, in which he stated that he had encountered great difficulties in his administration. That at the time he qualified as admin- ■ istrator, he did not doubt the sufficiency of the estate to pay all its debts; but had changed that opinion in the previous November.
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Daniel Trigg, of Washington county, died in February, 1853, and John A. Campbell qualified as his administrator. In March, 1855, Campbell filed his bill, in which he stated that he had encountered great difficulties in his administration. That at the time he qualified as admin- ■ istrator, he did not doubt the sufficiency of the estate to pay all its debts; but had changed that opinion in the previous November. He makes a number of the creditors of Daniel Trigg, and among them Wyndham Robertson and James Galt, parties defendants, and asks that he may administer the estate under the direction…
1Opinion of the CourtBurks, J.
Contribution among sureties is founded in natural justice and the equitable principle of equality of burden and benefit. If one of a number of sureties discharge the common burden, the others are bound to contribute equally to his relief, in the event of the insolvency of the principal; and if any of them are insolvent, their shares must be apportioned among those that are solvent. These principles are well settled. Preston v. Preston and others, 4 Gratt. 88; Wayland v. Tucker and others, id. 267; 1 Story’s Eq. Juris. §§493, 495; Dering v. Earl of Winchelsea, 1 Lead. Cas. Eq. and notes (4th…
2Cases cited2 opinions
- Horton v. BondSupreme Court of Virginia · 1877
- Lidderdale v. RobinsonU.S. Circuit Court for the District of Eastern Virginia · 1824
3Cited by12 opinions
- Backer v. PyneIndiana Supreme Court · 1892
- Findlay v. Trigg's Adm'rSupreme Court of Virginia · 1887
- Pace v. Pace's Adm'rSupreme Court of Virginia · 1898
- In Re PorterUnited States Bankruptcy Court, E.D. Virginia · 1985
- United States Fidelity & Guaranty Co. v. Borough Bank of BrooklynAppellate Division of the Supreme Court of the State of New York · 1914
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