Ross v. M'Kinny ex rel. Ross

.The opinion of the court was delivered by

Rogers, J.

— This was a foreign attachment against Thomas Ross, in which the defendant in error, Samuel, Ross, was gar*228nishee. John Ross, who was the father of Thomas Ross, left him a legacy of one hundred pounds, part of which is in the hands of Samuel Ross, who was the executor of the will; but which he claims a right to retain, because, he says, his testator, John Ross, was surety for his son, and that suit has been brought against him, as executor, and that the estate will have this money to pay. fie claims a right to retain the money until the…