Supreme Court of North Carolina June 5, 1870 (Russell v. . Adderton)

PearsoN, C.

J.

The

case turns upon the construction of the deed executed by the plaintiff to Patrick, administrator of Crump. If the instrument be treated as a “ release,” it operates by way of extinguishment, and enures to the benefit of the other obligors, as well as of Crump. If it be treated as a “covenant not to sue,”'the other obligors remain liable for the balance of the debt.