Pierce v. Hyde

Citations

• 2 Cal. Unrep. 145

Syllabus

<p>Suretyship—Mortgage for Debt of One of Two Tenants in Common.—Where A and B, owners in common, join in a conveyance to C by way of collateral for B’s sole debt, A becomes a surety; and if thereafter full tender of the secured debt is made, C in the meantime having taken a sheriff’s certificate in execution of a judgment in his favor against B for another debt, the rights of the several parties cannot be adjudicated, in the absence of evidence tending to show whose money was tendered; since, if it was A’s, A would be subrogated to C’s position against B in respect to the first transaction and have a lien on B’s interest in the land superior to C’s lien under the execution sale.</p>