Davis v. Scarbrough

66 So. 975, 108 Miss. 482

Opinion

Smith, C. J.,

delivered the opinion of the court.

If the evidence introduced in behalf of the defendants in the court below is true, the «note sued on is not supported by a consideration; and this is true, whether it was obtained from them by fraud or not. The peremptory instruction therefore should not have been; given.

Reversed and remanded