Daniel v. Vinson

WILLIAMS, Associate Justice.

Appellant sued upon a note, in form joint and several, signed by R. A. Harvin, and by W. H. Vinson with the word “security” written after his name.

Vinson had died before the institution of the suit, leaving a will by which appellee O. B. Vinson was made his independent executrix. The note was presented to her as such, and she endorsed upon it her approval and promise to pay it in the course of administration. Both defendants pleaded the statute of limitations, and Mrs. Vinson pleaded that her husband was only a surety, and had been released by the fact that…