Edwards v. Sosebee

Atkinson, Presiding Justice.

A suit upon a promissory note was instituted by an executor, returnable to the April term, 1936. The defendants filed an answer in tile nature of a cross-action, seeking' affirmative equitable relief. At a subsequent term the attorneys for the plaintiff announced the death of the executor, and the case was postponed. A't a later date during’ the same term the case proceeded to trial without substitution of a party plaintiff. After introduction of evidence solely by defendants, a verdict granting to the defendants certain affirmative equitable relief was directed,…