Hatton v. Jones

Franklin, C.

This action was originally brought in the name of Eliza H. Hatton as plaintiff. After the action was commenced, she died testate; her death was suggested of record, and the name of the executor of her will, Lemuel C. Hatton, was substituted as the plaintiff in the case.

The action was brought upon a promissory note alleged' to have been executed by the appellee, John K. Jones, to said Eliza H. Hatton, for $1,000, dated May 1st, 1876, and due two years after the date thereof. To the complaint, the appellee filed an answer in seven paragraphs. The fifth, on motion, was stricken out;…