Kesler v. Heberling

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sues to recover on a promissory note and to recover damages for the sale of wheat alleged to be the property of the estate. The defenses were that there was no consideration for the note and that the defendant owned the wheat. Judgment was rendered in favor of the plaintiff on both causes of action, and the defendant appeals.

The action was tried on an agreed statement of facts, which showed that Lottie Heberling died March 8, 1919, leaving a will which was probated, by which she gave to the defendant certain real property;…