Watson v. Clayton

BROWN, Justice.

This is an action of assumpsit by the appellant against the appellee on a promissory note or bond single. The parties made an agreed case, which was submitted to the court on the defendant’s pleas — the general issue, payment, and res judicata — and judgment went for the defendant.

Tlie sufficiency of the plea of res judicata, which was tested by demurrer, and the proof to sustain it, are questions presented by the assignments of error.

The material averments of the plea, considered with the mortgage exhibited as a part thereof, are that on the 20th of October, 1931, the…