McGowen v. West

Opinion of the Court, delivered by

Scott, Judge.

West sued McGowen by petition in debt, on an instrument of which the following is a copy :

Due John W. West four hundred dollars, to bear ten per cent, interest from the 25th day of December, 1839 till paid, this 4th day of April, 1840.

David McGowen.

The defendant pleaded that the consideration of the note was the price of a tract of land agreed to be conveyed to him by the plaintiff, and that the agreement was by parol: a demurrer was filed to this plea, and the demurrer sustained. The plaintiff had judgment, and Mc-Gowen has brought this writ of…