Pyke's Administrator v. Clark

Judge Ewing

delivered the opinion of the Court.

Clark filed his bill in the Circuit Court, against Pyke’s administrator, to be released from the payment of a judgment recovered against him, as the surety of Robertson, on a note of five hundred and thirty dollars, executed by him and Robertson on the 3d day of June, 1833, and made payable on the 3d day of June, 1834. He charges a novation between Robertson and Pyke, and an extension of the time of payment, upon the terms of paying twelve per centum per annum, without his knowledge or concurrence.

Upon a scrutinizing examination of the deposition…