Clopton v. Spratt
Mississippi Supreme Court
Error to the Circuit Court of Monroe County. Hon. B. B. BooNE, Judge. Defendants in error brought their suit in the circuit court of Monroe county, on February 12, 1873, on the following writing obligatory, to wit: “Aberdeen-, May 14, 1866. $6,663.50. One day after date we, or either of us, promise to pay Elisha D. Prewett, or bearer, guardian of Adrienne and Alwilder Ewing, six thousand six hundred and sixty-three 50-100 dollars, with interest at eight per cent, per annum,…
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Error to the Circuit Court of Monroe County. Hon. B. B. BooNE, Judge. Defendants in error brought their suit in the circuit court of Monroe county, on February 12, 1873, on the following writing obligatory, to wit: “Aberdeen-, May 14, 1866. $6,663.50. One day after date we, or either of us, promise to pay Elisha D. Prewett, or bearer, guardian of Adrienne and Alwilder Ewing, six thousand six hundred and sixty-three 50-100 dollars, with interest at eight per cent, per annum, value received. Witness our hands, and seals. Sampson- GathiNO. [l. s.] Wm. II. OloptoN. [l. s.]” On'this note was…
1Opinion of the CourtChalMers, J.
The case turns upon the sufficiency of the several pleas filed by appellant, Clopton, and upon the rightfulness of the action •of the court in sustaining demurrers thereto. The pleas are *256quite numerous. They set up, iu various forms, that Clopton was only surety on the note sued on for defendant, Gathing; that, after its execution and delivery to the guardian of these-plaintiffs, who were then minors, Gathing, the principal debtor, delivered to said guardians, as collateral security for its protection, the notes of one Bundle, due to Gathing for' land sold by him to Randle ; that these notes,…
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