Freeman v. Freeman

The parties to this controversy are brothers, residing in the county of Clinton.

The plaintiff sued defendant in the circuit court for that county upon a judgment obtained in the state of New York against the defendant, in favor of Guy H. McMaster and J. Foster Parkhurst. The judgment was rendered September 12, 1876, and assigned to plaintiff May 1, 1886. Suit was commenced before the outlawry of the judgment.

The defense to this judgment was that, at the time the plaintiff acquired it, he was acting as the agent of the defendant to sell certain real and personal property, pay the defendant’s…