'h 9 read the record in the suit oibn

Executrixt v. J. w. Rider.

I find that on March 15th, 1910, J. W. Rider as»p
institued an action in the Rockeastle Cir. Court agains
Miller's Executrix for the settlement of the estate of ,_M
Miller, deceased; and’to recOVer an alleged debt ofi$255s50a7 ~.‘
The executrix answered, denying and pleading a setoff of $726.64.,
There was a trial by Jury and a verdict and Judgment against
Rider for three hundred ($300) dollars. On this Judgment
execution was issued, returned "no property" and the present
action in equity, filed March 18, 1912, was instituted on
said judgment and return under section 459 Civil Code. At-
tachments were issued and various garnishess were summoned.

It seems to me the most serious question arises with
regard to the garnishee, enemas Mollie Miller, whose first
husband was Hugh Miller, and who later married J. W. Rider. WW“.
J. W. Rider's first wife was Mae Miller from hm whom he was
divorced. Later she seems to have married a man by name of.
Underwood. To a stranger to the parties the names are con-
fusing.

Eae Miller Underwood,nnnnmmhhn during her first mar-
riage, owned the hotel property in Mt. Vernon known as the
"Newcomh House" and the old "Miller House." After her di-
vorce she sold this property to Mollie Miller, widow of Hugh
Miller, for $4000, paying $2000 in cash and executing two
notes for $1000 each due 15 6£€“a£d twevyears.w use datETifirfwd
this sale is not clearly fixed by the testimony. Mollie 1‘“
Miller paid the first of the deferred payments. The claim: 2
is made that J. W. Rider paid the last deferred payment of I
one thousand dollars for Mollie Miller and that she owes him
this money which is attached by the plaintiff. ‘