Traywick v. Gunn

(after stating the facts as above). The appellant relies, for error in the court’s cpnclusion, upon the points, in effect, that: (1) On the face of the original judgment both of the defendants were adjudged principals, and not in the relation of principal and surety, and therefore the'judgment is conclusive of such fact; and (2) that although a surety, in fact, the appellee was not discharged, because the agreement to give time and to stay the order of sale in consideration of payment of part of the judgment was of no legal validity or effect.

The relief against the execution, as in equity,…