Berry v. Berry's Ex'r.

This was a suit in equity by J. H. Berry’s executor to enforce a lien upon land for the last payment. The note evidencing the payment had improperly fallen into the hands of Charles Berry, a freed man of cplor, once the slave of testator, and who resides in Ohio; he and one Partington, as his agent, claiming it, and insisting on payment. Mr. Berry acknowledged the debt with a set-off of some two hundred dollars, but set forth the custody and claim of Charles Berry and his agent Partington, also of Ohio, made his answer a cross-petition, sued out process, etc., and a copy of the pleadings with…