Graves v. Smith

FLY, Associate Justice.

It is alleged in plaintiff’s (appellee’s) petition, that her testator, in 1875, signed a note as a surety for appellant and his father, R. L. Graves, and afterwards the payee of the note recovered judgment on the note against the makers, and defendant failing to pay off or satisfy the judgment, plaintiff’s testator paid the same; that the amount of the judgment was $1172.14, together with interest thereon from March 13, 1878, at the rate of lj- per cent per month.

Defendant E. G. Graves excepted to plaintiff’s petition, because the cause of action was barred by the…