Patterson v. Cox

Cox sued Patterson, Talbott and Clay in the court below to recover back, money which he alleged they illegally exacted from him. Separate demurrers to the com-pl aint were overruled. The defendants answered by a general denial, with an agreement that all proper matters of defense might be given in evidence. Trial by the court; finding for the plaintiff. Motions for a new trial and in arrest of judgment were overruled. The evidence is in the record.

The case was submitted upon the following agreed state of facts:

In December, 1840, Merryman, being the owner in fee, executed to the State of…