80 HIGH COURT OF CHANCERY.

thinking, I am of opinion, that the complainant having thought
fit to make him a defendant and examine him in that form,
must be content to take his answer as evidence against him, so
far as it is responsive to the allegations of the bill.

On the ground, therefore, of the insufficiency of the proof, to
establish a fraudulent intent on the part of the defendant, Childs,
in the execution of this deed, the Chancellor passed a decree,
dismissing the bill, but without cost.

[No appeal was taken from this decree.]

THOMAS T. WHEELER'S

ESTATE SEPTEMBER TERM, 1847.

[CHANCERY PRACTICE—CONTRIBUTION AMONG JOINT OBLIGORS—ASSIGMMENT OF
JUDGMENT.]

WHERE a case is set down for hearing on bill and answer, all the averments Of
the latter, whether responsive or not to the allegations of the bill, are taken
to be true.

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 contrib-
ute one-third; because each must be supposed to have received that propor-
tion of the consideration, upon which the obligation was given.

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 common bur-
den, 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.

The third obligor, who has been compelled by the creditor to pay a sum ex-
ceeding his one-third, will be allowed at once in equity, and without circuits,
to go against the party thus supposed to have received two-thirds of the con-
sideration of the debt for such excess.

The obligor who has paid the judgment of the creditor, and taken an assign-
ment thereof to himself, may use such judgment for his indemnity, go far
as it clearly and certainly appears, that his co-debtor ought to contribute.

[Thomas T. Wheeler, on the 19th March, 1844, executed to
Richard J. Bowie, a conveyance of all his property, real, per-