Clevenger v. Dawson

Citations

• 15 W. Va. 348
• 1879 W. Va. LEXIS 31

Syllabus

<p>A chancery suit is brought in a circuit court by a surety in a forfeited forthcoming bond, to be subrogated to the lien of the judgment creditor on the land of a co-security, and to enforce out of such land the payment of one-half of this debt and the costs of the original case and the costs in a chancery suit, which had been brought by the creditor to enforce out of the lands of the sureties the payment of the debt and costs, all the debt and costs as well as the costs of the chancery suit having been paid by the complainant.</p> <p>Held :</p> <p>That in determining whether this court has jurisdiction on an appeal from the circuit court dismissing the bill, the subject in controversy must be regarded as a moiety of all the moneys paid by the plaintiff, whether on the forfeited forthcoming bond or the costs attending it, or the costs of the first chancery suit, and the interest on such'sums.</p>