We do not think any of the exceptions and assignments of error made by defendant can be sustained. The major contest was over whether the note when executed by defendant was not under seal, and therefore barred by the three-year statute of limitations. The testimony on this aspect was competent, but conflicting. Plaintiff testified it was and defendant to the contrary. The jury, the triers of the facts, decided with plaintiff, and this is binding on us. It was contended by defendant that the court below was in error in the charge on the defense of mistake of defendant induced by fraud of plaintiff and as to the burden of proof on this issue. However this may be, we think it immaterial on this record. From the record we see no sufficient evidence to be submitted to the jury on this defense of defendant.
In the judgment below there is
No error.