Meusebach v. Hale & Bro.

STAYTON, Chief Justice.

—This is an agreed case, from which it appears that appellees were the holders of notes now sued on, which had *187matured prior to October 8,1884. This action was brought February 13, 1889, and appellant pleaded limitation of four years in bar of the action, which the court below refused to sustain. To avoid the defense of the statute of limitation, it was shown that on October 8,1884, appellant made an assignment under the statute of all his property for the benefit of his creditors, naming them, among whom were appellees. The deed of assignment also mentioned the notes…