Johnston

The plaintiff brought three actions-against the defendant, each upon a promissory note-made by the defendant to one John' Lancaster, since deceased, who was a British subject and a resident of-England, where he died testate on the 21st of April, 1884. The three actions were by the consent of parties- and an order of the court consolidated. The court rendered judgment for plaintiff for the amount of the principal and interest of said three notes, with costs, etc. Defendant appeals from the judgment.

The judgment of the lower court went upon the theory, founded upon the findings, that the two sons of the deceased, George Granville Lancaster and John Lancaster (Jr.), were appointed by the will of the deceased as the executors thereof, and qualified as such; and -were also appointed “ administrators of the personal estate” of the deceased John Lancaster; that the will of the deceased was duly probated in an English court; that by said will the said sons were also made residuary legatees; and that on November 15, 1880, the said sons, George and John, as such executors and administrators, and being the owners of said notes, “ sold, transferred, and set over” the same to the plaintiff…