Aston v. Barnett

5 Ky. 318

• Court: Court of Appeals of Kentucky
• Decided: July 1, 1811
• Status: Published

Opinion

ASTON exhibited his bill, to be relieved against a judgment at law obtained by Barnett. He states that he borrowed a horse of Barnett, for Burks ; that he joined Murks in the note for the horse to Barnett ; that he was only security for Burks, and Barnett was to look to Burks alone ; that Burks let him (Aston) have thej horse for one Burks had before that time got of Ami m : that he, Aston, bet the horse on a race ; and that Barnett well knew Aston was only the security of Burks, and also that the object in view in procuring the ftorsi was to bet him on the race.

The bill was demurred to ; a rule was given for join-der in demurrer ; and for want ef joinder, the bill was dismissed.

By the Court.

-The statements in the bill present no ground for defence at law, nor for relief in equity.