Elders v. Beasley

H. H. Elders filed his petition against H. C. Beasley and Mrs. L. Y. Kennedy, administrators of the estate of J. A. Kennedy, alleging, in substance, that Kennedy in his lifetime sued to judgment a note against the plaintiff. Later the judgment was paid, and a written receipt taken for the payment. Subsequently Kennedy died, and the defendants were appointed as his administrators. The fi. fa. issued upon the judgment was levied, and an affidavit of illegality was filed, setting up payment in full, and stating that the proof was in a receipt. When the illegality ease came on for trial,…