Dillard v. Jared
Dillard v. Jared
Opinion of the Court
delivered the opinion of the Court.
Plaintiffs recovered a judgment before a Justice of the Peace in Smith county, in May, 1860, against defendant, for $90.74. In 1861, Alexander Dillard came from Arkansas, and claimed to be the ■ agent of Mrs. Skid-more for the collection of her distributive share in the estate of ¥m. Dillard, of which plaintiffs were administrators, or to be the owner of said share by purchase. The proof is not satisfactory in which capacity he was acting. He procured the plaintiffs to transfer the judgment on the Justice’s docket, for value received, to Robert Traywick. The debt was collected by Traywick from Jared, the defendant, in Confederate money, and the execution docket was by him marked satisfied. Alexander Dillard afterwards refused to reeeive the Confederate money from Traywick; and in 1866 the Justice, upon soire facias, set aside the entry of satisfaction upon his docket. From this judgment on the sdre facias Jared appealed to the Circuit Court.
Upon the trial in the Circuit Court, the question was submitted to a jury, who found for the defendant. The cause is here by appeal taken by the plaintiffs below.
On the trial in the Circuit Court, Traywick was examined as a witness, to prove declarations of Alexander Dillard, as to the collection of the judgment, and as to the employment of witness to collect the money. Several
This is conclusive of the case. It was a voluntary receiving of the Confederate money by the assignee of the judgment, who had a right to receive the Confederate money and discharge Jared, the debtor.
The judgment will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.