Evans & Taylor v. Succession of Etheridge

The opinion of the court was delivered by

Spencer, J.

Plaintiffs and appellees file in this court a motion to dismiss the appeal on the ground that the defendant and appellant has acquiesced in and voluntarily executed the judgment appealed from. This *577motion and the iacts relative to the alleged execution and acquiescence are supported by the oath of appellant’s counsel.

Defendant’s counsel files a counter-affidavit setting out a different state of facts and denying the alleged acquiescence and execution voluntary. The record in this case was filed July 2. The motion to dismiss was filed July 3,…