Boyer v. Libey

— This action was instituted by the appellants •on a promissory note, executed by one George E. Libey to George M. Zeigler, and by him assigned to appellants; the maker of the note paid the money into court and filed a bill •of interpleader; the appellee Samuel Porter, administrator of the estate of Emily Zeigler, deceased, filed a cross complaint, ■containing, among other paragraphs, the following:

“The defendant Samuel Porter, for a second and further •defence, and by way of cross complaint, says that heretofore, •on the 8th day of January, A. L. 1870, Emily Zeigler, then *236in life, and then…