In all cases of joint or joint and several indebtedness, the creditor may settle or compromise with and release any one or more of such debtors; and the settlement or release shall not affect the right or remedy of the creditor against the other debtors for the amount remaining due and unpaid, and shall not operate to release any of the others of the said debtors; and all mortgages or securities for the said indebtedness shall remain in full force against the debtors not released, in favor of the creditor, and also in favor of such of the debtors as may be entitled to contribution, payment, or reimbursement from others of said debtors, and the right of payment, contribution or reimbursement, as among themselves, shall not be affected by this section; and if any debtor, so released, shall have paid more than his ratable share of the whole debt, the whole amount paid by him shall be credited, and if less than his ratable share, then the full amount of his ratable share shall be credited, and the other debtors shall be liable for the residue.
Codes, Hutchinson's 1848, ch. 38, art. 11; 1857, ch. 47, art. 1; 1871, § 2263; 1880, § 1003; 1892, § 2352; 1906, § 2682; Hemingway's 1917, § 2169; 1930, § 2027; 1942, § 334.
Notes of Decisions
J & J Timber Co. v. Broome, 932 So. 2d 1 (Miss. 2006).
· cites it 12× “Miss.Code Ann. § 85-5-1 (1972). However, the statute addresses, and the cases cited by Broome involve, claimants settling with one joint tortfeasor and then pursuing a remedy against another joint tortfeasor who caused the wrong, not one tortfeasor and a vicariously liable…”
Mcbride v. Chevron USA, 673 So. 2d 372 (Miss. 1996).
· cites it 5× “§ 85-5-1 states the following: In all cases of joint or joint and several indebtedness, the creditor may settle or compromise with and release any one or more of such debtors; and the settlement or release shall not affect the right or remedy of the creditor against the other…”
Schiffer v. United Grocers, Inc., 989 P.2d 10 (Or. 1999).
· cites it 2× “Mississippi: Miss Code Ann § 85-5-1 (1991 and Supp 1998) ("In all cases of joint or joint and several indebtedness, the creditor may settle or compromise with and release any one or more of such debtors; and the settlement or release shall not affect the right or remedy of the…”
Krieser Ex Rel. Krieser v. Hobbs, 166 F.3d 736 (5th Cir. 1999).
“While some courts refer to this section in discussing tortfeasors more generally, rather than debtors per se, e.g., Smith v.”
Woods-Tucker Leasing Corp. of Georgia v. Thomas Boyd Kellum, Sr., 641 F.2d 210 (5th Cir. 1981).
· cites it 2× “4 On August 8,1979, Kellum filed a motion requesting the district court to allow him to amend his answer to assert the defenses of (1) payment in full, (2) accord and satisfaction, (3) novation, and (4) relief afforded by Miss. Code Ann. §§ 85-5-1 , -3 (1972). The district…”
Country Club of Jackson, Miss. v. Saucier, 498 So. 2d 337 (Miss. 1986).
· cites it 2× “*339 Noted in that opinion was Miss. Code Ann. § 85-5-1 (1972), which states as follows: In all cases of joint or joint and several indebtedness, the creditor may settle or compromise with and release any one or more of such debtors; and the settlement or release shall not…”
Robles v. Gollott & Sons Transfer & Storage, Inc., 697 So. 2d 383 (Miss. 1997).
· cites it 2× “In reality, the traditional rule in this State has been that contribution among joint tortfeasors is unavailable absent a joint judgment among said tortfeasors.”
J & J Timber Co. v. Rembert J. Broome (Miss. 2004).
· cites it 12× “Miss. Code Ann. § 85-5-1 (1972). However, the statute addresses, and the cases cited by Broome involve, claimants settling with one joint tortfeasor and then pursuing a remedy against another joint tortfeasor who caused the wrong, not one tortfeasor and a vicariously liable…”
Gregory McBride v. Chevron U.S.A (Miss. 1991).
· cites it 5× “Miss. Code Ann. § 85-5-1 states the following: In all cases of joint or joint and several indebtedness, the creditor may settle or compromise with and release any one or more of such debtors; and the settlement or release shall not affect the right or remedy of the creditor…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.