Omohundro v. Henson

Citations

• 26 Va. 511
• 26 Gratt. 511

Syllabus

<p>I. An assignor of a bond secured by deed of trust upon land, the assignment being absolute, is not a necessary party in a suit by the assignee against the vendee of the obligor, to subject the land to satisfy the debt.</p> <p>II. H and B, as his surety, execute their bond to M, executor, for land purchased of him by H, and which H afterwards conveys to O. M recovers judgment upon the'bond against H and B, and B pays the debt, and M assigns it to him without recourse. On a bill by B against O and H to subject the land to satisfy the debt. Held :</p> <p>1. Whether B claims as assignee, or as a security who has paid the debt, M is not a necessary party.</p> <p>2. B is entitled to have the land sold to pay his debt without proceeding first against H; especially as O did not ask for such a decree in the court below.</p> <p>3. O may, if he chooses, make an issue in this case between himself and H, and have the equities between them settled.</p>