Pickett v. Wray

— The note in question was executed by the defendant, Joe D. Wray, and J. M. Wray, now deceased, on October 31, 1932, in the sum of $1,000, payable December 15, 1932. The record shows that J. M. Wray signed the note in 'question as surety thereon. The defendant filed a general denial and also pleads payment as a defense.

On the trial of the case, however, the following agreement was entered into:

“It is agreed and stipulated that this law action be tried to the Court and the jury waived. That the note Exhibit ‘1’ is the property of the J. M. Wray estate unless the note has been paid or…