Kivett v. Mayes

TMs action was brought by Mrs. Inez Kivett, as the assignee of her deceased husband, to recover $1,000.00 which the bill alleges was for money borrowed by defendant W. S. Mayes in July, 1954. The written assignment, dated January 3, 1957, bearing the signature of the deceased, J. Kyle Kivett, was filed as an exhibit to the bill.

The defendant answered the bill specifically denying that he borrowed $1000.00 from J. Kyle Kivett in July 1954, as alleged, and asserting that, since there was never any such claim or indebtedness, there could have been no assignment to complainant.

The learned…