Morton v. Gordon

BAYLOR, Justice.

In this case Gordon and Alley, as administrators of Albert D. Duncan, deceased, instituted their suit in the court below to recover of Morton, the appellant, the sum of $124.18, alleged to have been due and owing to Duncan in his lifetime by Morton. To the plaintiffs’ petition setting forth their demand, Morton filed his plea of set-off, averring that Duncan before his death was justly indebted to him in the sum of $101. To this plea the plaintiffs demurred. The court sustained the demurrer and, as both parties admitted the justice of each other’s claim, gave judgment for the…