Briscoe v. Briscoe's Admr.

Opinion op the Court by

Judge Peters:

This action was brought in the Louisville chancery court by Jacob B. Briscoe, administrator of James Briscoe, deceased, against John W. Briscoe, and James and John Burks, to compel said J. W. Briscoe to surrender to him a note executed on the 26th of May, 1859, for $1,110 to his intestate by said Bmjks, due twelve months after date, which he alleged had been placed in J. W. Briscoe’s hands by his intestate to present to the obligors for payment, and to collect, and he prayed judgment against the Burks for the amount of the same.

*381John W. Briscoe resisted the…