Isaac, Assignee v. Davis Et Ux.

Opinion by

Mr. Justice Barnes,

This is an appeal from an order making absolute a rule for a new trial. The defendants, husband and wife, executed and delivered to plaintiff Bloch a judgment note in the amount of $5,000 as consideration for the purchase of a farm. It accompanied a written agree ment for the sale of the property. A judgment having been entered by confession upon the note, it was assigned by Bloch to his brother-in-law Isaac, the use plaintiff in these proceedings. Subsequently, upon the issuance of a writ of execution, the defendants petitioned the court to open the judgment.…