Page:Federal Reporter, 1st Series, Volume 4.djvu/870

 856 FEDERAL REPORTBR. �said Jennings, and payable to said Irby, for $10,000, and fall- ing due January 1, 1879. The note recited on its face that it was given for part of the purchase priee of the Glade mines, in Hall county, Georgia. Uponthis note the defendant paid, on December 81, 1878, the sum of $5,000 principal, and ail the interest due up to that date ; and, by an indorsement made on the mortgage by the payee of said note, the time for the payment of the note was extended to January 1, 1880. The bill alleged that in January, 1879, Henry Irby, the payee of said note, assigned said note and mortgage to the complainant Eoyal B. Hicks, and delivered the same to the complainant Sarah Jane Hicks, who was his daughter, as an advancement to her out of his estate, and the same was then and there accepted by her as such; that on February 20, 1879, said Henry Irby departed this life, and afterwards, on April 7, 1879, John F. Irby, who was a son, and C. L. Walker, who was a son-in-law, of said Henry Irby, for the purpose of carrying out the wishes of said Henry Irby in ref- erence to said note, signed a transfer of ail their interest in the same to complainant Eoyal B. Hicks, and authorized him to reçoive the money due on the same. The considera- tion of tbis transfer by John F. Irby and Walker was an agreement on the part of Sarah Jane Hicks to accept said note as an advancement, and account for the same in the final settlement of Henry Irby 's estate; and the complainants, Hicks and wife, agreed to pay over to John F. Irby, and to C. L. Walker, for his wife, Agnes Walker, $10,000 belonging to the estate of Henry Irby, then on deposit in a bauk in the city of Atlanta. Of tbis sum $5,000 was actually paid on July 18, 1879. �The defence relied on is stated substantially as follows: On April 27, 1877, the defendant entered into a contract in writing with the said Henry Irby for the purchase of cer- tain mining lands in Georgia, then owned by said Irby. There were two tracts in Hall county, known respectively as the Glade mines and Cbapman mines, each containing 1,000 acres, and lying contiguous to each other, and ail designated as the Glade mines in said contract ; and lot No. 133 of the ����