Bank of Powhattan v. Rooney

The opinion of the court was delivered by

Smith, J.:

This was an action on a note. Judgment was for defendant. Plaintiff appeals.

The facts are simple. L. E. Laflin is the assignee of a judgment rendered in the district court of Brown county on March 30, 1922, in favor of the Bank of Powhattan against D. P. Rooney for approximately $2,500. The judgment has been kept alive by executions, and on May 20, 1936, was a valid judgment and unsatisfied.

In the early part of 1936 Hugh Rooney, the father of defendant, D. P. Rooney, died testate in Nemaha county. He made a cash bequest to his son, Hugh F.…