Tilford v. Bank of Kentucky

Judge Nicholas dissenting.

The President, Directors and Co. of the Bank of Kentucky having obtained a judgment against the administrators and heirs of John Read, deceased, on anote which he, as principal, and others, as his sureties, had given to the said bank, in September, 1823, and a fieri facias on the judgment, having been returned nulla bona — ' this suit was brought against the said administrators and their sureties, for a devastavit.

On the trial, the circuit court instructed the jury, in effect, that, in the administration of the assets of the deceased obligor, his note to the bank…