Davidson v. Carroll, Hoy & Co.

This case was before this court in 1868, and is reported in 20 An. 199, where the facts are succinctly stated. This appeal is taken by plaintiff from a judgment awarding to defendants a pro rata portion of the proceeds of certain property sold in the suit of Davidson v. Davis & Cofield.

In the former appeal, the court, after stating the law, that defendants, Carroll, Hoy & Co., who were the sureties of Davis & Cofield for the payment of certain mortgage notes of plaintiff, as a part of the price of the property in question) were hound to, and not for, plaintiff, and in paying said notes to the…