Cheek v. Morton

THIS was a suit by Morton, the assignee, against Cheek, the assignor, of a promissory note made by one McCray. The action was commenced before a justice of the peace and appealed to the Circuit Court. On the trial it was proved that the assignee had sued the maker and had execution issued in due time, and that the execution was returned nulla bona,.

The defendant proved that the note was. given by McCray, in consideration of the sale to him of a house and lot, for the conveyance of which, to be made on the payment of the note in suit and another of equal amount, McCray held a bond executed by…