Hill v. Lackey

Judge Marshall

delivered the Opinion of the Court.

This bill was filed by Lackey, against Burton and Hill, to set up a lost note, alleged to have been executed, in the year 1828, by the defendants to the complainant, for the sum of ninety six dollars, payable one hundred and twenty days after date; and which the complainant says he lost, with his pocket book, containing it, about the time it fell due, and cannot find it. An affidavit of the loss was filed with the bill.

Burton appears to have been a nonresident at the time of filing the bill, and as to him, a warning order was *82taken, and a…