Harper's Adm'r v. McVeigh's Adm'r

Citations

• 82 Va. 751
• 1 S.E. 193
• 1887 Va. LEXIS 141

Syllabus

<p>1. Principal and Surety—Joint bond.—All obligors in a joint bond are presumed to be principals, except such as have the word “ security ” opposite their names.</p> <p>2. Idem—JRemedy of surety.—Where stranger pays principal’s debt, and surety reimburses him, surety becomes entitled to recover the amount from principal.</p> <p>3. Evidence— Competency.—In suit by a surety’s administrator against his principals and a co-surety for reimbursement, the co-surety is an incompetent witness, and a letter from him and certain extracts from private books, are hearsay and inadmissible.</p> <p>4. Chancery Practice—Suit for reimbursement—Case at bar.—Land of surety having been sold in his lifetime sufficient to pay judgment against his principals and himself. Part of proceeds was paid to subsequent lienors. The deficiency was supplied by a sale of his land made after his death, proceeds whereof belonged to those lienors—</p> <p>Held :</p> <p>Administrator of surety is entitled to sue his principals for reimbursement, under the facts of this case.</p> <p>5. Idem—Commissioners—Vouchers.—Unless requested by a party in interest, a commissioner in chancery is not obliged to return with his report the evidence upon which it is based.</p> <p>6. Statute op Limitations—Surety’s reimbursement.—Surety’s claim on principal arises on actual payment of the joint obligation.</p>