Wheeler v. Boyd

Gaines, Associate Justice.

This suit was brought by the plaintiff in error against the defendant to secure a balance alleged to be due upon a promissory note, and to enforce a lien-upon a tract of land for the purchase money of which it was executed. The defendant in his special answer did not deny the execution of the note or the sale of the land, but claimed that, there was a gross deficiency in the quantity of land as estimated in the transaction, and asked an abatement of a correspon ding proportion of the purchase money. The plaintiff recovered a judgment but for a less sum than he…