Greathouse v. Kline

Franklin, C.

— Appellee sued appellants upon a joint promissory note. Appellants answered that they, with one Robert Graham, now deceased, jointly executed the note; that they were sureties and Graham principal in the note; *599that appellee had filed the note as a, claim against said Graham’s estate, which was admitted by the administrator, and by the court allowed, and the administrator ordered to pay it out of the assets of the estate; that by said allowance and order the note was merged into a judgment, and they were thereby released. To this answer a demurrer was sus • tained and judgment…