
    J. H. Gunby et al. v. J. C. Culver, as Receiver, etc.
    
    No. 13,006.
    (71 Pac. 1127.)
    Error from Wilson district court; L. Stillwell, judge.
    Opinion filed March 7, 1903.
    Affirmed.
    
      O. H. Lamb, and J. B. F. Oates, for plaintiffs in error.
    
      Kirkpatrick c6 Holmes, for defendant in error.
   Per Curiam:

The principal point in this case is whether

the advancement of money and the taking up of a note constituted a payment and extinguishment of the note or a purchase of the same. The testimony tended to show that the parties interested regarded the transaction as a purchase, and there were a number of circumstances supporting that theory. It was a question of fact submitted for the determination of the trial court, and its gen eral-finding appears to be sustained by sufficient evidence. The pleadings warranted the proof offered and the objection to the testimony is not deemed to be material.

The judgment is affirmed.  