Penn v. Ingles

Citations

• 82 Va. 65
• 1886 Va. LEXIS 10

Syllabus

<p>1. Principal and surety.—The general rule is that creditor is under no obligation to exhaust his remedies against principal before resorting to surety. Meade v. Grigsby, 26 Gratt. 612. But where he goes into equity to enforce his debt against principal and sureties, the burden will be laid first on principal. Horton v. Bond, 28 Gratt. 815.</p> <p>2. Idem—Securities—Subrogation.—Surety is entitled to enforce every security for the debt which creditor has against principal.</p> <p>'3. Equitable jurisdiction and relief—Injunctions.—Equity will interpose pending action or after judgment where there is to the claim asserted at law (whether by statutory motion or common law action) a distinct equitable defence ; and will ordinarily proceed to a final disposition of the case. Walters v. F. B. of Va., 76 Va. 12.</p> <p>4. Idem—Accounts.—Equity hath jurisdiction in matters of complicated accounts, especially those involving equitable clairiis or trusts. Tillar v. Cook, 77 Va. 477.</p>