Holt v. Ashby

Opinion op the Court by

Judge Nunn —

Affirming.

Appellant filed the following petition in the lower court:

“The plaintiff, Susan Holt, states that on or about August 20, 1910’, she sold to one W. R. Simpson certain personal property, in part payment for which he executed his note to this plaintiff for $45.00, due four months and five days after date, with James B. Ashby the defendant herein as surety. She states that thereafter, to-wit, on August 22, 1910, the said James B. Ashby paid off the said note in full and she assigned same to him. She states that on or about December 25, 1910, the said…