Miller v. National Surety Co.

Plaintiff, National Surety Company, instituted suit against defendant, Miller, seeking to recover for money alleged to have been paid by plaintiff because of its liability upon certain bonds. Defendant answered and denied that plaintiff ever executed any bonds for him; and second, that if there was any liability, the same was barred by the statute of limitations. Prom a judgment favorable to plaintiff, defendant appeals. The parties will be referred to as they appear in the trial court.

The record discloses that C. L. McPhail was the owner of certain oil mining leases in Osage county, Okla.,…