Cover v. Stem

Alvey, O. J.,

delivered the opinion of the Court.

This is an action of debt brought by the appellant against the appellee as executor of David Engel, deceased, to recover the sum of three thousand dollars, alleged to be due and owing by virtue of what is desfcribed in the declaration as a writing obligatory, made and delivered by the appellee’s testator, on the 4th day of Sept., 1884.

The declaration contains several counts, all founded upon the supposed writing obligatory; and which writing was filed with the declaration, and, by agreement, is incorporated in and made part of the declaration.…