Thomas v. O'connell's Estate

The appellant filed a claim against the appellee estate to recover $3,500.00, alleged to have been overpaid by the appellant on an obligation due and owing to William K. O’Connell during his lifetime.

To this claim, a demurrer was addressed, on the ground that said claim did not state facts sufficient to constitute a cause of action. In support of this demurrer, the appellee contends that whatever overpayment the appellant made was voluntary on his part, and cannot be recovered back. The court sustained this demurrer, and the appellant excepted to such ruling. The court made the following…