Miller v. Miller

MOREMEN, Judge.

The complaint was filed for the purpose of coercing payment of a cash loan and of two promissory notes executed by appel-lee, Alton Miller, to his brother, Ewell C. Miller, appellant. Appellee confessed judgment for the amount of the cash loan, but pleaded that the two notes for a valuable consideration had been marked “Paid” and had been delivered to him. The trial resulted in a verdict for -appellee, Alton Miller, and, from the judgment thereon, this appeal has been prosecuted.

Appellee’s defense at the trial was based on the premise that appellant had renounced all rights…