In Re Hoelscher's Estate

WbnneRStrum, J.-

The holder by assignment of four promissory notes previously given to A. C. Thornburg by Gust Hoel-scher, now deceased, filed a claim on said notes in his estate. Previously and on November 12, 1949, Gust Hoelscher had brought an action against A. C. Thornburg for the cancellation of these notes and for general equitable relief. The court in that action, after a trial, dismissed the petition on December 19, 1950. It is the claim of the defendant-administrator in the present action a counterclaim on the notes should have been filed in the first action by reason of the…