Estate of Page

Petitions of Welcome Fowler and John Fowler, on behalf of themselves respectively and others for an order that the executors of testator pay certain moneys.

The petitions were heard and considered together. The' petition of Welcome Fowler shows that testator, Thomas S. Page, commenced a suit in the 4th District Court, May 6, 1863, against petitioner and twelve others, and that on the 29th April, 1872, upon suggestion of the death of Page, testate, F. D. Atherton, A. B. Grogan, Henry Page, C. Page, and W. Page being his executors, duly qualified, by an order of said District Court, said exectors were substituted in their representative capacity as plaintiff in said action, and the action was ordered to be continued in their names as plaintiffs; that judgment was rendered, Oct. 18, 1872, in favor of the defendants for $3,436.07, with interest thereafter at 7 per cent, per annum, and for costs, $733; that said judgment was duly entered; that said executors appealed from said judgment to the Supreme Court, which Court, July 16, 1873, *62 rendered judgment remanding the cause with directions to modify the judgment by striking out the damages and inserting instead thereof, $2,657, and…