Royston v. Howie

Decided January 15, 1849

Supreme Court of Alabama · decided 1849-01-15

Before the Hon. John D. Phelan. This was an action brought by the defendant against the plaintiff in error, as administrator of Charles Sibley, deceased, on a note made by said Sibley, in his lifetime. The said administrator plead as a set off, a judgment of the circuit court of Dallas, in favor of his intestate, against one Brooks, and the said Howie.

Cited by 1 later decisions — most recently January 1875

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-01-15

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CHILTON, J..

¶1The precise point involved in this case was decided by this court, in Bradford and Sawyer, 6 Ala. Rep. 572, where the court held the security was not discharged by an arrangement between the execution creditor and principal debtor, similar to the one here complained of. See also, Agee v. Steele, 8 Ala. Rep. 948; Armistead v. Thomas, 9 Ib. 586; Gilder v. Jeter, 11 Ib. 256, and The Bank v. Godden et al. at this term.- That the creditor, under a mistaken view of his legal rights said he had discharged the sureties by the arrangement, cannot estop him from showing the truth of the matter, and from availing himself of their liability to satisfy his demand.

¶2Let the judgment be reversed, and the cause remanded.