Indiana Supreme Court November 15, 1873 (Hougland v. State ex rel. McCool)

Buskirk, J.

The facts necessary to a proper understanding of the questions involved are these :

On the 6th day of December, 1868, McCool, the appellee, held a note against John L. Boner and William Boner as principals, and Thomas J. Hudspeth as surety, which was long past due, and William Boner had been dead for more than a year.