Sheppard v. Thompson

IRWIN, Presiding Judge:

The above cases were consolidated for the purpose of trial in the trial court and have been consolidated for disposition on appeal.

Plaintiff in error was plaintiff in both cases in the trial court and will be referred to as plaintiff. In Case No. 42,385, defendants in error are husband and wife, and the husband is defendant in error in Case No. 42,384. They will be referred to jointly as defendants, and the husband will be referred to as defendant.

In Case No. 42,384, plaintiff instituted an action against defendant to recover money he had paid on a promissory note in…