Russell v. Meyers

Opinion of the Court by

Judge Clarke

Affirming in part and reversing in part.

Poster Ray executed and delivered to appellant, S. A. Russell, his promissory note for $3,00(400. By this action Russell sought a personal judgment against Ray Í for the amount due on the note, and to subject to its pay-: ment attached funds held by appellee Meyers as trustee v.under the will of Ray’s mother, Mrs. Lucy Ray McMillen.

Ray answered, admitting his execution and delivery of the note, that it was a just demand against him, and that it was payable out of the funds in Meyers’ hands. /By cross-petition he denied…