Haynes v. McDonald

The question presented for our consideration in this appeal involves the propriety of the action of the Circuit Court of McDonough county in sustaining the demurrer interposed by the defendant to plaintiff’s declaration and in entering judgment against the plaintiff in bar of his action.

The declaration alleges in substance that the defendant, Warren A. McDonald, on, to wit, March 1, 1909, was and now is indebted to the plaintiff as executor of the last will and testament of Josiah McDonald, deceased, in the sum of $1,000 for rent accruing to Josiah McDonald in his lifetime; that the said…