Phelps v. Frazer , 3 Va. 103 ( 1824 )

Judge Cabell,

delivered the opinion of the Court. ^*

The issue having been joined on the plea of payment to ■the plaintiff, who was assignee of the writing obligatory on which the action was brought, any evidence whatever, proving a payment to the assignor, would have been improper. It seems, therefore, that the questions raised in-the argument of this case, are not presented by the record. The judgment of the Superior Court, refusing the supersedeas, was correct, and is to be affirmed.

* Judges Brooke and Carr, absent.