State Bank v. Conway

This was an action of debt on a promissory note to the Bank, made by Samuel C. Wheat, Henry Cheatham, and the appellee, dated July 13th, 1843, and due at twelvemonths after date. The action was commenced on the 18th February, 1848. The plea was nit debet, and that the cause of action did not accrue within three years. The plaintiff joined issue to the first plea, and replied to the second that the cause of action did accrue within three years.

As to the issue upon this replication, the evidence on the trial was, that Wheat, the principal debtor, on the 14th of September, 1844, paid to John H.…