Mangus v. McClelland
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Roanoke, rendered May 4, 1894, in a proceeding by motion on a notice to recover a judgment for money, wherein the appellee was the plaintiff, and the appellant was the defendant. This was a proceeding by motion after notice to recover a judgment for money.
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Error to a judgment of the Circuit Court of the city of Roanoke, rendered May 4, 1894, in a proceeding by motion on a notice to recover a judgment for money, wherein the appellee was the plaintiff, and the appellant was the defendant. This was a proceeding by motion after notice to recover a judgment for money. At the trial, the defendant tendered four special pleas in writing by which he set up certain representations of fact alleged to have been made by the plaintiff and relied on by the defendant, and which induced the defendant to make the notes in suit. The pleas allege that the…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
J. M. Mangus purchased of Robert McClelland certain real estate at the price of $2,000.00, payable one-third cash, and for the residue gave notes iu equal instalments at one and two years, with interest from date. It appears that the plaintiff executed a deed for the real estate sold by him, and that Mangus, the defendant, gave a deed of trust upon the property to secure the deferred payments.
The plaintiff, Robert McClelland, brought his action, by notice under the statute, to recover the balance remaining unpaid under this transaction, and the…
2Cases cited3 opinions
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