Gibbs v. Succession of Scott

FRUGÉ, Judge.

This is a suit by a holder of a promissory note. The defendants are Robert Nix, a maker; and the widow, individually, and as administratrix of the Succession of Mercer Scott, the other maker. Robert Nix was discharged from the suit by a release. The suit was defended on a defense of lack of consideration for the note. From an adverse judgment plaintiff has appealed. Plaintiff has filed two motions for remand. We grant a remand on one of these motions.

Plaintiff-appellant urges that since the heirs of the succession unconditionally accepted the succession before trial they became…