Miller v. Dyer

Miller was the surety of Grace upon a note to Hopson, on which a judgment was obtained. The debt was replevied by Grace and Miller, as principals, and another person as surety. In February, 1859, an execution on the replevin bond for $>1,135 17 was placed in the hands of the sheriff, Dyer, who *264in April, 1859, levied it, with six other executions against Grace, for the aggregate sum of $1,516 24, on twenty horses and mules in the possession of Grace. Dj'er delayed advertising the property for sale until December, 1859. In the meantime, Grace paid over $2,000 to Dyer, who paid $500 thereof to>…