Knox v. Campbell

BOND, Chief Justice.

This appeal is from a judgment in favor of appellees against appellant in suit to recover on a note alleged to have been executed and delivered by appellant. The note is fully described in the suit; and, it having been alleged that it was lost, misplaced, or destroyed; and, appellant having filed a plea of non est factum, the burden of proof was thus placed upon appel-lees, not only to prove by extrinsic evidence the terms and conditions of the note, but also the execution and delivery thereof. These were issues of fact necessary to effectively establish the cause of…