Clark v. Patton

Judge Underwood,

delivered the opinion of the court.

Patton and Sharp filed their bill in the circuit court, against Clark and others, to subject certain debts due to Clark, who was a non-resident, by persons within the jurisdiction of the court, to the payment of an obligation, which they, as commissioners for the Christian bank, held on Charles Caldwell, and the appellant Clark.

Clark answered; making his answer a cross bill, and insisted that he was only surety for Caldwell; that an arrangement had been made with Caldwell, whereby indulgence had been extended to his injury, without his…