Bell v. McConkey

Citations

• 82 Va. 176
• 1886 Va. LEXIS 21

Syllabus

<p>1. Principal and Surety— General Bule— The principal debtor’s land should be first subjected to the exoneration of the land of the sureties. Horton v. Bond, 28 Gratt. 825.</p> <p>2. Idem.—Exception.—But this rule will not be carried to the extent of delaying the creditor indefinitely.</p> <p>3. Idem— Case at bar.—Where fifteen years delay has resulted in the payment of only a part of the creditor’s debt, and has developed the fact that the lands of the principal are so encumbered by prior liens, as to leave no hope of any relief in that quarter, and the personal fund dedicated by the will of the surety proves insufficient for the payment of the debts, and effects to realize from the out-lands directed by the will to be sold for that purpose, have proved abortive, it is proper to decree that, unless the devisees of the surety do, within a prescribed time, contribute their ratable proportions to pay the creditor’s debt, then the lands devised to each of said devisees, shall be subjected to the payment of said proportions.</p>