Achras Sapota at English => English (Websters 1913) Of Explained:
editors where there are several debtors. 2. Of the right of the debtor who
pays the whole debt. 3. Of the liabilities of the debtors who are liable to
contribution. 4. Of the liability of land owned by several owners, when it
is subject to a charge. 5. Of the liability of owners of goods in a vessel,
when part is thrown overboard to save the rest.
3.-1. The creditor of several debtors, jointly bound to him, has a
right to compel the payment by any he may choose; but he cannot sue them
severally, unless they are severally bound.
4.-2. When one of several debtors pays a debt, the creditor is bound
in conscience, if not by contract, to give to the party paying the debt all
his remedies against the other debtors. 1 Cox, R. 318 S. C. 2 B. & P. 270 2
Swanst. R. 189, 192; 3 Bligh, 59 14 Ves. 160; 1 Ves. 31 12 Wheat. 596 1
Hill, Ch. R. 844, 351 1 Term. St. It. 512, 517; 1 Ala. R. 23, 28; 11 Ohio
It. 444, 449 8 Misso. It. 169, 175.
5.- 3. A debtor liable to contribution is not responsible upon a
contract, but is so in equity. But courts of common law, in modern times,
have assumed a jurisdiction to compel contribution among sureties, in the
absence of any positive contract, on the ground of an implied assumpsit, and
each of the sureties may be sued for his respective quota or p