Parker v. Nations

Citations

• 33 Tex. 210

Syllabus

<p>1. The statutes of this State (Paschal’s Digest, Article 4789) declare indorsers of promissory notes to be only sureties ior the maker, even after judgment.</p> <p>2. On a judgment against the maker and an indorser of a promissory note, the plaintiff sued out execution and obtained a levy on land of the maker. But on the day of sale the plaintiff postponed the sale of the land, and afterwards, when the maker of the-note had become insolvent, he sought a levy on property of the indorser. Held, that the indorser was discharged, and was entitled to have relief by injunction of the judgment and execution.</p>