Roberts' Trustee v. Terry

*398Opinion op the Coubt by

Judge Miller

— Reversing.

On November 24, 1911, J. M. Terry and J. S. Walden filed this action against W. H. Roberts and others, alleging, in substance, that on March 24, 1902, W. H. Roberts, with the plaintiffs as his sureties, signed and delivered to Paul Renaker a note for $400.00, due six months thereafter; that to indemnify them, Roberts, simultaneously therewith, executed and delivered to them a mort•gage upon an interest he owned in a certain tract of land therein described; and that on October 24,1910, they had each been compelled to pay, on a renewal of said…