Landers v. Tuggle

The plaintiff brings an hypothecary action to subject certaiu lands in possession of defendant to the payment of a debt of $512 87, which he avers he paid as surety of J. L. Dyer, on a twelve months’ bond executed iu favo» of A. C. & J. E. Mitchell. He claims to he subrogated to all the rights of the original judgment creditors, prays recognition of those rights, and that the land mortgaged he Seized and sold to satisfy his claim.

The defendant answered hy exception, the substance of which is, that he is also a surety on the bond, and is only responsible.for his portion; that, as between…