Fix's v. Cook

Opinion op the Court by

Turner, Commissioner—

Affirming.

This suit was filed by appellant as executor of H. P. Fix, deceased, on the 24th of July, 1919, on a lost note for $1,115.65, alleged to have 'been executed in -the year 1905 and payable one year thereafter.

The answer denied the execution of any such note in the year 1905, but alleged that the defendant had executed a note for about that amount dated in the year 1901, payable one year thereafter, and then relied upon the fifteen-year statute of limitations in bar.

By an amended answer the further defense was interposed that the note in…