Warthen v. Himstreet

Defendant Himstreet and plaintiff were sureties on tire note of A. L. Warthen. Himstreet paid the note, and thereafter brought suit against plaintiff and A. L. Warthen for the amount due on the note and attorney’s fees. He obtained judgmentfor the sum claimed. After a time, some land of M. A. Warthen being sold, an amount sufficient to pay said judgment was reserved out of the purchase price by defendants Carruthers & Son, who paid therefrom to Him-street one-ha-lf the amount of his judgment, and still retain the remainder, awaiting the result of this action. It is claimed the judgment…