Keil v. Wilson

BICKLEY, Justice.

Plaintiff (appellee) sued appellants (defendants) on, two promissory notes, and recovered judgment for principal, interest and attorney fees against appellants. Plaintiff alleged that defendants had wrongfully obtained possession of the notes and refused to yield up possession of the same.

Defendants denied execution of one of the notes and alleged that if such note ever existed it was barred by the statute of limitations.

The Court, sitting without a jury, did not find that the note was wrongfully obtained or withheld, but proceeded upon the theory that the note had been lost,…