EWELL v. PAYNE

[No. 64, October Term, 1951.]

199 Md. 73 (1952)

85 A.2d 452

EWELL, EXECUTOR v. PAYNE

Court of Appeals of Maryland.

Decided January 10, 1952.


Attorney(s) appearing for the Case

William H. Price, with whom were Staton, Whaley & Price and Franklin Upshur on the brief, for appellant.

Submitted on brief by John L. Sanford, Jr. and Godfrey Child, for appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.


HENDERSON, J., delivered the opinion of the Court.

The executor of William J. Payne, who died December 27, 1949, holding three confessed judgment notes payable on demand executed in 1947 by the decedent's son, Leslie J. Payne, entered judgment thereon in the principal sum of $4,800, plus a collection fee of $480, on February 21, 1950. On motion, the judgment was opened but the lien retained. The defendant filed general issue pleas and pleas of payment and set off...

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