Bird v. Cotton

The plaintiffs, styling themselves in the caption of the petition executors of the estate of John Bird deceased, commenced their action against the defendants upon a note which it was alleged was made by the defendants and payable to the testator. In the petition the date of the note was not given. There was an averment that a certain payment was made on the note, but at what time was not stated.

It was also stated that Bird, the testator, afterwards died, and that the plaintiffs brought into court their letters testamentary, and made profert of them. '

To the petition the defendant demurred,…