Shipp's Adm'r v. Suggett's Adm'r

Judge Simpson

delivered the opinion of the Court.

This suit, by petition and summons, was brought on a note of $1,050, purporting to have been executed by William S. Sweatmen, E. P. Suggett and Henry Sweat-man, payable to Richard W. Shipp.

Shipp, the payee, and Suggett, one of the payors, having died, the suit was instituted by Shipp’s administrator against the administrator of Suggett.

The defedant plead non est factum, and to sustain his plea, relied upon two grounds. First, that his intestate had not executed the note sued on. Secondly, if he had, that it had lost its obligatory effect as his…