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1 Stew. 523

Parker v. Leek

Supreme Court of Alabama

Decided July 15, 1828

Supreme Court of Alabama · decided 1828-07-15

Parker was sued by Leek and Lambertson, in assump-sit, in the Circuit Court of Lauderdale. The declaration contained the common counts only. It appeared in proof that the plaintiffs below had become jointly and severally bound in a hail bond for the appearance of Parker, in a suit in North Carolina, and that the debt had been collected by an execution against them, which they had satisfied.

Decided 1828-07-15

By the CHIEF JUSTICE.

¶1The principle is well settled that co-securities canno-join in an action to recover back money paid by them for their principal, unless the payment had been made from a joint fund. If the payment had been made from a joint fund by the sureties, and one of them had received from their principal, afterwards, a payment equal to his moiety of the money advanced, it would not destroy the right to bring the action in their joint names, because the money refunded to one of them would be held to be for their joint benefit, and the balance due to them jointly.

¶2The judgement must be reversed and the cause rc? manded.

Jupce Gayle not sitting.
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