
    Brower ads. Feeter.
    A feigned isawardeiTtotry the fact of paymentofajudgment, where troversyTsless than $50. •
    Motion to set aside an execution as paid. ■ The judgment was rendered in 1819. Sundry payments having been made by the defendant in cash and country produce, in February J . . , . . ._ , , , last an execution was issued by the plaintiff, on which a balance was claimed of less than $50. The defendant alleged that the payments" made were sufficient to satisfy the execution ; which being denied by the plaintiff, the defendant’s counsel, under the general relief asked for in his notice, moved the court for a feigned issue to try the question of payment.
   By the Court,

Sutherland, J.

The motion to set aside the execution is denied, but without costs, the evidence as to the payment being complex and contradictory. The court will not undertake to decide the question on the affidavits presented: nor will they award a feigned issue, the sum in controversy not justifying the expense.  