Swecker v. Swecker

Citations

• 87 Va. 305
• 12 S.E. 1056
• 1891 Va. LEXIS 71

Syllabus

<p>1. Practice at Common Law—Debt—Release—Non est factum—Case at bar.— A. held D.’s bonds secured by trust deed as of February, 1887. A. died November, 1882, intestate. In 1885, his administrator sued on said bonds. D. pleaded a release, purporting to have been executed by A., a few weeks before his death. To this plea the adm’r-filed the replication of non est factum. The burden of proof was on D. to establish the genuineness of the release. The court below confirmed the report of the master to the effect that the evidence, which was conflicting, did not establish the genuineness of the release. On appeal: held, no error.</p> <p>2. Appellate Practice—Immaterial Points.— This court will not consider questions not going to the merits and raised here for the first time.</p>