Jones v. Covington

Citations

• 84 Va. 778
• 6 S.E. 212
• 1888 Va. LEXIS 141

Syllabus

<p>Contracts—Construction—1.Subrogation.—A. agreed to give his land to T. & YY. if they paid off certain liens thereon. The writing also recited another lien thereon to C. as having been assigned to T. & YY., but the latter did not assume to pay it, and it was no part of the consideration of the land. It turned out that A. himself had paid off the lien of C. In suit on bond of A. as trustee, wherein J. was surety. J. claimed in his cross-bill that as A. and not T. & YY. had paid off C’s lien, he was entitled to have said land to the extent of said lien, subjected to sale in order to exonerate him as such surety:</p> <p>Held :</p> <p>The prayer of the cross-bill was rightly denied.</p>