Flanagan v. Oberthier

Bonner, Associate Justice.

This is a suit of trespass to try title, brought by James W. Flanagan, as plaintiff, against Benjamin C. Oberthier, as defendant.

The material facts in the case are, subtautially, these :

On the 1st day of September, 1852, James H. Trammell, as principal, and Mark Stroud, William Moore, and Jesse Walling, as his sureties, executed to Lagrand, as administrator. *381of the estate of John S. Carithers, a promissory note for the sum $18,724.45, due at twelve months. On November 4, 1853, Lagrand, as such administrator, instituted suit on the note, and on February 18,1861, the…