Bank of Alabama v. Godden

The question presented in this case for revision, is, whether the defendants in error, as the sureties'of Fletcher, are discharged from'liability upon a judgment rendered against them and their principal, by the act' of the sheriff in levying the execution upon a slave of the principal, and afterwards returning said slave to him, and the delay of the bank to issue another execution until after the principal had become wholly insolvent.

The principles of law which govern the case are well settled, and their statement will show at once that the chancellor’s decree cannot be sustained.

1. The…