Snyder
Snyder v. Clark
Opinion
lead Opinion
McFarland, J.
The defendant is administrator of O. W. Craig, deceased. Craig, in his lifetime, and Franklin Sears as sureties, had with G. C. P. Sears as principal made two promissory notes to one Wiclcersham for something over $4,000; and on December 9, 1889; Wickersham had recovered judgment on said notes against all three of said persons for $4,280.40 and costs. The plaintiff herein and said Franklin Sears had *415 also, as sureties, made another note with said G. C. P. Sears as principal to said Wickersham for a large amount, upon which Wickersham at the same time had recovered a judgment for $21,582.60 and costs. Wickersham took out executions on said judgments, upon which personal property of G. C. P. Sears was levied upon and sold for something over $16,000. This money was applied pro rata upon the two judgments—leaving unsatisfied upon the judgment against Craig and the two Sears the sum of $2,010, and upon the judgment against the plaintiff, Mrs. Snyder, and the two Sears, $10,053. There is"no issue in the case as to the propriety and legality of said pro rata application to said judgments.-
The said Franklin Sears was the father of the plaintiff, Mrs. Snyder, and it is averred in the…