Pickford v. Smith

— Appellánt originally commenced an action at law for the recovery of specific personal property. The property sought to be recovered was three promissory notes, one of which has been eliminated by the parties and is not involved on this appeal. The ground upon which recovery of the notes was sought was fraud in their inception, want and failure of consideration. Issue was joined on the original petition. After the cause had been assigned for trial but before the trial was commenced, appellant filed an amended and substituted petition setting up fraud in the inception of the notes, the want…