What we have here 18:13 Jul 23, 2017
is a civil law term for which there is no precise equivalent in common law. In my opinion, Henry Hinds' (RIP) answer was the correct one in Phil's reference. BENEFIT OF DISCUSSION, civil law. The right which a surety has to cause the property of the principal debtor to be applied in satisfaction of the obligation in the first instance.
Benefit of division
BENEFIT OF DIVISION. In the civil law, which, in this respect, has been adopted in Louisiana, although, when there are several sureties, each one is bound for the whole debt, yet when one of them is sued alone, he has a right to have the debt apportioned among all the solvent sureties on the same obligation, so that he shall be compelled to pay his own share only. This is called the benefit of division. Civil Code of Lo. art. 3014 to 3020. See 2 Bouv. Inst. n. 1414. A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
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