Opinion
January Term, 1869.
ACTION tried, upon a demurrer by the plaintiff to the answer of the defendant, before Henry, J., at Fall Term 1868 of the Superior Court of HENDERSON.
Merrimon, for the appellant.
Bragg, contra.
The note declared on had been given in substitution for one made prior to the year 1860. Upon this appearing below, his Honor ordered the complaint to be dismissed, and the plaintiff appealed.
There is error. See Opinion in Jacobs v. Smallwood, at this term.
PER CURIAM. Demurrer allowed. Judgment of respondeat ouster. This will be certified, c.