Ferguson v. Farmers State Bank

Opinion by

Mr. Justice Teller.

Defendant in error took judgment by confession under warrants of attorney attached to two promissory notes executed by the plaintiffs in error, and assigned by the payee to defendant in error.

Judgment was entered on a cognovit some fifteen months after the delivery of the notes, and three months after they, were due.

Plaintiffs in error seasonably filed a motion to set aside the judgment, and supported it with affidavits alleging that the notes were obtained by misrepresentation and fraud and without consideration, of all of which the defendant in error had full…