Burford v. Mitchell

WELCH, V. C. J.

This action was originally brought against Zora Mitchell, the maker of the note, who answered pleading payment of the note. Before trial she died and the action was revived in the name of her administrator. An amended petition was filed, and the administrator filed answer alleging in effect that the note was executed by the maker to her husband, the payee, in connection with an agreed settlement of property interests between the parties, existing by reason of their marital status, and that the note was thereafter paid by her to the payee. The two answers alleged generally that…