Kisham v. Nichols

1 Root 75

Opinion

Scire Facias on a judgment: — To which the defendant plead, full payment to said deceased of the said judgment before the date and inipetration of the plaintiff’s writ, and offered. in evidence, a deed of land to said deceased and 'an agreement on his part to accept it in satisfaction of said judgment; which evidence was objected to under tbis issue, and by the court was not admitted. Upon which the defendant moved for liberty to alter bis plea 'and to plead tbe accord and satisfaction by said lands; wbicb tbe court allowed. Tbe consequence was, tbat tbe trial could not proceed at tbat time, and tbe cause was continued.