Cain v. Church

YOUNG, Justice.

Appellees brought this suit against C. D. Cain and H. B. Fisher, upon a secured note executed by appellants to J. E. Fisher, alleging the death of said payee on or about February 22, 1934, leaving a last will and testament wherein appellees, Marion S. Church and Edward P. Dougherty were named Independent Executors; the regular probate of the will; the issuance of letters testamentary to appellees; their qualification as such Executors under said instrument, and the pendency of administration on the estate. The suit was filed by appel-lees in their representative capacities, for…