Knight v. Weeks

Citations

• 115 F. 970
• 53 C.C.A. 366
• 1902 U.S. App. LEXIS 4270

Syllabus

<p>Sureties — Contribution—Enforcement of Execution against Co-Surett.</p> <p>Under Rev. St. Fla. § 983, which provides that co-sureties shall be bound to each other for a proportional contribution, and section 117T, which provides that any one who has paid money as a surety shall have the right to control the judgment, a surety who has paid a judgment at law after execution issued has the right to cause such execution to be levied on property of a co-surety, who is also a judgment defendant, and to enforce payment of his proportional share; and the court cannot arrest the execution on a petition of such co-surety setting up prior equities between the parties, which it is the sole provision of a court of equity to determine.</p>