Ray v. McMurtry

On the 3d of March, 1860, George A. McKinstry executed his note for 210 dollars to Jerome EUis.

Afterwards, Jerome Ellis assigned the note by indorsement to Andrew Pay, the plaintiff".

Pay commenced this suit by a complaint in the usual form, alleging the execution and assignment of the note, &c.

The defendant answered, admitting the execution and assignment of the note, but averring that he gave the note to Ellis, the payee, for the last payment upon the pui’chase of a tract of land; that at the time of the execution of the note, said Ellis made to him, McMurtry, a deed for the land so…