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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 557   View pdf image (33K)
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INDEX.

CONSTRUCTION OF STATUTES— Cmtmwid.
See DOWER, 3,14.
FRBE NEGROES.
JUDGMENT LIEU, 3.
MECHANICS' LIEN, 3.
RECORDING DEEDS.
USURY,4.

CONSTRUCTION OF WILLS.
See WILL AKD TESTAMENT.
COMMISSIONS, 1.
ELECTION, 1.
POSTHUMOUS CHILDREN.
CONTRACTS.

See CORPORATIONS, 4, 5 to 8.
SPECIFIC PERFORMANCE.
PART PERFORMANCE.
CONTRIBUTION.
See ASSIGNMENT, 3.

CONTRIBUTION AMONG JOINT OBLIGORS.

CONTRIBUTION AMONG JOINT OBLIGORS.

1. Three joint obligors in a single bill, though jointly and severally liable to
the creditor for the -whole debt, are, as among themselves, each bound to
contribute one-third; because each must be supposed to have received
that proportion of the consideration upon -which the obligation was
given. Wheeler's Estate, 80.

2. One of such obligors, who has received from another a sum of money or
other property equal in value to the proportion of that other in the com-
mon burden, and released him from all liability on account thereof, must
be supposed to have received a consideration equal to two-thirds of the
debt, and must be charged with that proportion in adjusting the equities
between himself and the remaining obligor. Ib.

3. The daydobligor, who has been compelled by the creditor to pay a sum
exceeding his one-third, will be allowed at once, in equity and without
circuity, to go against the party thus supposed to have received two-
thirds of the consideration of the debt, for such excess. Ib.

4. The obligor who has paid the judgment of the creditor, and taken an as-
signment thereof to himself, may use such assignment for his indemnity,
so far as it clearly and certainly appears that his co-debtor ought to con-
tribute. Ib.

5. "Where two persons executed a joint note, the estate of the one, will,
under the chancery rule, be charged with only half the amount, unless it
is shown that he is the principal debtor, or that the other is insolvent.
Brooks vs. Dent, 523.

CONVERSION.

Lands devised to be sold, are turned into money and considered in equity as

personal estate. ViMim vs. Wood, 396.
See MORTGAGOR us» MORTGAGEE, 6.
47*



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 557   View pdf image (33K)
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