Gooldy v. Lavender

This suit originated by Charles Gooldy filing in the probate court of Montgomery county, a claim against the estate of W. A. Carnefix, deceased, whereby Gooldy demanded of said estate the sum of $4917.50. The case was taken to the circuit court and there the claimant recovered judgment against the said estate in the sum of $1700. From this judgment the executor has appealed.

The record discloses that there was a plea in abatement filed by appellant, setting up the grounds that claimant split his cause of action, but this was, overruled.

It appears from the evidence that for a number of years…