
    PADGITT et al. v. YOUNG COUNTY et al.
    (No. 3256.)
    (Supreme Court of Texas.
    March 23, 1921.)
    Appeal and error <&wkey;78l (7) — Payment of judgment by stranger to record renders case moot.
    The payment of the judgment by one who was a stranger to the record precludes recovery against the judgment debtor, and renders the ease moot, so that a writ of error to the judgment will be dismissed without a determination of the questions raised.
    Error to Court of Civil Appeals of Second Supreme Judicial District.-
    Suit by Young County against I. B. Padg-itt and others, in which the Graham National Bank and its sureties were also made defendants. A judgment for plaintiff against the original defendants, and denying the latter recovery against the bank and its sureties for the amount of such judgment, was affirmed by the Court of Civil Appeals (204 S. W. 1046), and the original defendants bring error.
    Writ of error dismissed.
    I. W. Stephens, Taylor, Allen & Taylor, and Miller & Miller, all of Fort Worth, for plaintiffs in error.
    Jno. O. Kay, P. A. Martin, Corrigan, Montgomery & Britain, and J. W. Akin, all of Wichita Falls, for defendants in error.
   PHILLIPS, C. J.

This case is withdrawn from the Commission of Appeals.

It appearing that the judgment^ against the plaintiffs in error which is sought to be here reviewed has been paid and satisfied and the liability of the plaintiffs in error extinguished, we can see no reason for continuing the ease here and determining the questions presented,, as the plaintiffs in error insist. While the payment of the judgment seems not to have been made by the plaintiffs in error themselves, but by a stranger to the record out of whose transactions the suit arose, yet it is not controverted that the payment made has been accepted by Young County, the judgment creditor. This precludes any further assertion by Young County of the liability of the plaintiffs in error. Young County has by motion here advised us- of such payment and expressly recognizes the satisfaction of the judgment The case has therefore become moot, and the writ of error is ordered dismissed.  