Akers v. Gillentine

This cause was heard by the Chancellor on the bill and the demurrer thereto of all defendants except one who filed a plea in abatement. The decree sustained the grounds of demurrer setting up The statutes of limitation of three and seven years and the plea in abatement:

The bill, as amended, alleges in substance that Akers, the appellant here, was a surety on the guardian bond of W. T. Gillentine who was acting as such for his two *37minor sons. That as such surety he was cast in a suit against the guardian and himself, for default of the guardian, whereby he was compelled to pay in excess of…