Harris v. Ransom

delivered'the opinion of the court.

This was a suit brought in the circuit court of Holmes county, upon a note made by the plaintiff in error. The note was given in part to secure the purchase-money of a tract of land, of which one Bussey was the vendor. The land, as it appears, was sold at public auction by the executors of Pollard H. Coats, under a decree of the court of probates, and by the said Bussey purchased, who afterwards conveyed the same, with general covenant of warranty, to • plaintiff in error. The defence to the action in the court below went upon the ground of failure of…