Burnham v. Edwards

HALL, C.

This is an action to recover against the surety on a supersedeas bond. The bond was a part of the evolution of a certain lawsuit against the defendant in error, Tony Edwards, commenced by AVilliam Brooks and W. C. Brooks, in which action they sought a money judgment against Edwards, th'e defendant, and a decree foreclosing a mortgage on certain lands formerly sold to Edwards by William Brooks, a mortgage thereon having been executed by Edwards back to Brooks to secure the payment of the purchase price thereof. Edwards filed a cross-petition against plaintiff therein asking for a…