Napier v. Duff

Opinion op the Court by

Judge Fulton

— Reversing’.

W. B. Napier, in the year 1928, executed and delivered to the Perry Bank & Trust Company his note in the sum of $1000 with E. C. Duff, the father of appellee, and another as sureties thereon and to indemnify the sureties, Napier, together with his wife, the appellant, Myrtle Napier, executed and delivered to them a mortgage on certain land described in the petition.

The Bank became insolvent and suit was instituted on the note against appellants and the sureties. Appellee, Z. T. Duff, had a deposit of approximately $5500 with the Bank, but E.…