A Treatise on the Law of Injunctions (Classic Reprint)

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Excerpt from A Treatise on the Law of InjunctionsA common instance of this equity is the case of a joint bond, where the court infers, from the nature of the condition and the whole transaction, that the bond was made joint by mistake, and that the real intention of the parties was, that it should be joint and several (a). It appears also that similar relief would be given in a case which is the con verse of this: as where a person executes a bond, meaning that it should be the joint bond of himself and another, and not his several bond, in such a case, unless there is something special, the person who had become so severally bound, has a right to have that bond delivered up, for his intention was not to become a mere several obligee, but to be a joint and several obligee, and the rights are different both in law and equity: for if he is only a several obligee he has no remedies over against any one, but if he is a. Joint and several obligee or only a joint obligee, there is a right of contribution against the other sureties in equity, and of exoneration against the principal.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.