Miller v. Moncrief

Kirby, J.,

(after stating the facts). Appellant insists that the court erred in refusing to retransfer the cause to the- chancery court and in the refusal to give certain instructions requested.

The undisputed testimony shows that appellee had refused to surrender the $1,000 note that was claimed to be a part of the consideration, and also that she had brought suit thereon and recovered judgment therefor in a court of competent jurisdiction against appellant from which no appeal was taken, and that, as a defense in that suit, appellant here alleged the note was paid or satisfied by this…