Gibson v. Mitchell
Supreme Court of Florida
. Appeal from the Circuit Ccurt for Gadsden county. The appellant, William EL Gibson, filed his bill in equity against the appellees, William Mitchell and Sarah Y., his wife, Thomas Mitchell and Frances C., his wife, William A. Scott, a minor, and Thomas Mitchell as guardian for said minor, Sarah J. Hutchinson, feme sole, and Benjamin F. Watson.
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. Appeal from the Circuit Ccurt for Gadsden county. The appellant, William EL Gibson, filed his bill in equity against the appellees, William Mitchell and Sarah Y., his wife, Thomas Mitchell and Frances C., his wife, William A. Scott, a minor, and Thomas Mitchell as guardian for said minor, Sarah J. Hutchinson, feme sole, and Benjamin F. Watson. The bill alleges that on the ninth day of February, A. D. 1857, the said Gibson, together with one Thomas Scott, since deceased, became the securities of the said Benjamin F. Watson upon his bond as guardian of one James M. Gilchrist, a minor, and…
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
Two questions are presented in this case. First, whether the statute of non-claim may be interposed as a bar to the complainant’s demand; and, second, whether a bill in equity may be maintained against the heirs of a deceased co-surety for contribution, to the extent of the property descended to them from the co-surety %
The defendants are the heirs at law of Thos. EL. Scott. His estate was administered and property distributed to the heirs, and the administrator was discharged long before the payment by Gibson of the money demanded, and…
2Cases cited3 opinions
- Gilchrist v. FilyauSupreme Court of Florida · 1848
- May v. VannSupreme Court of Florida · 1876
- Buford v. Pawling's ExecutorsCourt of Appeals of Kentucky · 1837
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