Tried before tbe Hon. L. P. Walker. This was an action, (commenced by attachment) on a promissory note executed by Evans to Bell, purporting to have been given “ for tbe rent of land.” On tbe trial, tbe defendant offered to prove “ that after be bad passed into tbe possession of the land, for the rent of which the note was given, the plaintiff, upon being applied to by the defendant’s overseer to repair the fencing around said land, said that it was his (plaintiff’s)…
Cited by 3 later decisions — most recently December 1883
¶2For the error in giving judgment against the security on the replevy bond as well as the defendant, the judgment below is reversed, and rendered against the defendant only in this court.