Hayden v. Thrasher

Citations

• 28 Fla. 162

Syllabus

<p>1. One who lias become surety at the request of co-sureties and upon assurances made by them at the time that he would be saved harmless and would not have the debt to pay, may proceed in equity without first resorting to a court of law to compel said co-sureties to discharge whatever sum he has become bound to pay on account of said suretyship.</p> <p>A surety who has been induced to endorse notes for the. benefit of co-sureties by fraudulent representations made by them to obtain said endorsement, and who has been compelled to pay the notes so endorsed, can in equity, without first resorting to a court ofjlaw, subject to the payment of his said demand real estate purchased by said co-sureties with the money obtained on the notes so endorsed, or with their own money in their names as trustees for the benefit of their wives and children.</p> <p>3. A surety who has been induced to endorse notes by fraud practiced by a co-surety, and who has been compelled to pay the notes, cannot subject to the payment of this demand real estate purchased by said co-surety in his name as trustee for the benefit of his wife and children with his own money, prior to said endorsement, without showing that said purchase was made with a view to defraud said surety or some existing creditor.</p> <p>4. Where a bill in equity has been filed in the county in which real estate is situate to subject it to a demand mentioned in the bill, and an injunction restraining the defendants from alienating said real estate has been served, as to said real estate a Us pen-dens is established, and a purchaser of said property from said defendants, or defendant, takes the same subject to all the rights which complainant in said bill may establish against said defendants.</p> <p>5. D. purchased real estate from T. for five thousand dollars, and as part payment receipted T. for eleven hundred and eighty-nine dollars and twenty-seven cents for an account held against him and executed two notes for the balan