Contribution — Joint debtors — Payment by one — Reimbursement — Amount of — Relationship of joint debtors to each other — Right of paying debtor's surety — Scire facias to revive judgment.
1. Where one of several joint debtors makes payment to the creditor, such debtor cannot require reimbursement based upon a greater amount than he was required to pay. [529]
2. Joint debtors, as between themselves and their creditors, are each liable for the whole debt, but as between themselves alone only pro rata, and each is surety for the other. [529]
3. A surety who pays a debt, which has been reduced to judgment, is entitled to have the judgment kept alive for his benefit and to enjoy the same advantages as could have been claimed by the original creditor. [529-30]
4. Where judgment is entered against the joint makers of a note, and one of the makers pays the creditor and has the judgment assigned to one who, in fact though not on the record, holds such judgment in trust for him, on a scire facias to revive such judgment, judgment will be entered against the defendants other than the one who made payment, in the amount paid to the creditor, subject to proper adjustment in contribution upon execution or bill of complaint, and the record will be amended so as to name the use-plaintiff assignee and trustee for the debtor who made payment. [527-31]
Judgments — Revival — Defenses.
5. On a scire facias to revive a judgment, it is the general rule that only a denial of the record or subsequent payment is available as a defense. [528]
Amendments — Discrepancy between facts and record — Time of allowance.
6. A discrepancy between the facts and the record is curable by amendment and for the purpose of consideration of a motion for judgment n. o. v. the record may be treated as amended. [529]
Argued October 5, 1934.
PER CURIAM, November 26, 1934:
The law applicable to the undisputed facts of this case is clearly and correctly stated in the opinion of Judge PATTERSON. Upon that opinion the judgment of the lower court is affirmed.