Tennessee Supreme Court December 15, 1837 (Maxey v. Carter)

Reese, J.

delivered the opinion of the court.

This court having determined in the case of Marshall vs. Hudson, 9 Yerger’s Reports, 57, that the discharge of the personal representative of a decedant by the operation of the act of 1789, from his direct liability to a creditor, does not protect him against his collateral liability to a surety or co-surety, when such surety or co-surety, by paying