Tanner v. Ayer, Jr., Administrator

Opinion op the Court by

Judge Clay

Reversing.

About two years after the qualification of Alf Ayer, Jr., as the administrator of G. S. Pearce, H. Clint Tanner and his wife, Gertrude Tanner, who was a daughter of Pearce, brought suit against the ■ administrator, heirs and creditors of the intestate for a settlement of the estate.

Among other allegations of the petition are these: On May 10, 1911, intestate, G. S. Pearce, and H? Clint Tanner as his surety executed and delivered a note for $1,000.00 payable to the Bank of Livermore ninety days from date. On August 10, 1911, plaintiff paid the Bank of…