Dean ex rel. Vineyard v. Smith

Martin. J.

delivered the opinion of the *317court. The defendants are sued on a note, payable to Dean, which the petition avers to be the property of Vineyard.

Smith pleaded commorancy in abatement.

Hubbard, the other defendant, the general issue; and that the consideration of the note was the price of two slaves sold by Dean; one of whom, had a redhibitory defect, &c.

There was judgment against Smith for one half of the note, and the suit was dismissed as to Hubbard; certain interrogatories put by him to the plaintiff not being sufficiently answered.

The plaintiff and Smith appealed.

The fact of…