A Selection of Cases And Other Authorities On Civil Procedure in Actions At Law
A Selection of Cases And Other Authorities On Civil Procedure in Actions At Law
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Rep. 508; 1 Story's Eq. , sec. 162; 11 Paige Rep. 80; 10 Id. 101.
And inasmuch as no equities arise against a surety, and he is only legally bound upon the strict terms of the obligation into which he has entered, there is no small show of authority in the early cases for affirming, that no such interference can be invoked against the estate of a party thus situated. Hoar v. Contanien, 2 Bro. C. C. 27; Sumner v. Powell, 2 Mer. 30; Ex parte Kendall, ^<.^^, J^ t. V^r^'*-^^^ trr-'^X^^^^^. Pr^^ ^4^...-^i^iJrr /f!>Vt -^. -^-1— «— ^XwSd' *'^''*^/ 142 PARTIES 17 Ves. 519; Weaver v. Shryork, 6 Serg. And R. 262; 1 Story's Eq. , sec. 164, In view of the difficulties which surrounded this subject at the common law, legislation became imperative; and it has been fully supplied. By the 90th section of the act to provide for the settle- ment of the estates of deceased persons (Swan's Rev. Stat. 378), it is enacted, that " when two or more persons shall be indebted in any joint contract, or upon a judgment founded upon any such contract, and either of them shall die, his estate shall be liable therefor, as if the contract had been joint and several, or as if the judgment had been against himself alone.
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To quickly assess the difficulty of the text, read a short excerpt:
Rep. 508; 1 Story's Eq. , sec. 162; 11 Paige Rep. 80; 10 Id. 101.
And inasmuch as no equities arise against a surety, and he is only legally bound upon the strict terms of the obligation into which he has entered, there is no small show of authority in the early cases for affirming, that no such interference can be invoked against the estate of a party thus situated. Hoar v. Contanien, 2 Bro. C. C. 27; Sumner v. Powell, 2 Mer. 30; Ex parte Kendall, ^<.^^, J^ t. V^r^'*-^^^ trr-'^X^^^^^. Pr^^ ^4^...-^i^iJrr /f!>Vt -^. -^-1— «— ^XwSd' *'^''*^/ 142 PARTIES 17 Ves. 519; Weaver v. Shryork, 6 Serg. And R. 262; 1 Story's Eq. , sec. 164, In view of the difficulties which surrounded this subject at the common law, legislation became imperative; and it has been fully supplied. By the 90th section of the act to provide for the settle- ment of the estates of deceased persons (Swan's Rev. Stat. 378), it is enacted, that " when two or more persons shall be indebted in any joint contract, or upon a judgment founded upon any such contract, and either of them shall die, his estate shall be liable therefor, as if the contract had been joint and several, or as if the judgment had been against himself alone.
What to read after A Selection of Cases And Other Authorities On Civil Procedure in Actions At Law?
You can find similar books in the "Read Also" column, or choose other free books by Ties20on20civil20procedure20in20actions20at to read onlineMoreLess
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