Marshall v. Duke

Suit commenced before a justice of the peace, on a promissory note made by appellees to appellants. Judgment for appellants. Appeal to the circuit court, wherein, on a trial by the court, a finding and judgment *63were had for the appellees. Proper proceedings have brought the case, with all the evidence, before us.

The note was given for a horse sold by appellants, as their own property, to John Duke, at a public sale. George W. Duke was surety on the note. Soon after the sale, Henry Stout brought a suit in replevin against John Duke, and recovered possession of the horse as his own property.…