Pratt

On January 2, 1908, the defendants and respondents herein, T. M. Phelps and W. H. Collins, executed their promissory note in the sum <:£ one thousand two hundred dollars to one H. W. Conger, On the death of Conger this action was commenced upon the note by the administrator of his estate, to recover an alleged unpaid balance of principal and interest aggregating the sum of -:ix hundred dollars. Subsequent to the distribution of Congers estate Elizabeth Conger Pratt, the sole distributee, was substituted as plaintiff in the action, and thereafter, upon a trial, a judgment was entered in favor of the defendants, from which and from an order denying a new trial plaintiff has appealed.

The defendants by their answer did not deny the execution of the note, but as a defense pleaded that the balance alleged to be ’ due and unpaid thereon had been fully paid by the assignment and delivery to the deceased during his lifetime of certain shares of mining stock, which it was alleged were received and accepted by the deceased under an agreement with the defendánts as payment ir. full of the note in suit. The plaintiff rested her case upon the proof of her possession of the note and a…