Overturf v. Martin

This was an action of assumpsit brought in the name of Overturf against George Martin, Elizabeth Martin, and Preston Christie. The declaration alleges that, on the 6th of August, 1841, the said Elizabeth Martin, being then sole and unmarried, by her then name of *508Elizabeth Ditch, and the said Preston Christie made their note in writing, of that date, for the payment to the plaintiff of 235 dollars and 33 cents, with ten per cent, interest from date, in twelve months.

Martin and wife demurred to the declaration.

Christie filed three pleas :

1st. That the note sued on was obtained by fraud;

2d. That…