Stone v. Fargo

This was a suit in chancery, commenced by Luther Stone, to set aside a sale made by Edward A. Rucker to James C. Fargo, under a trust deed, and to set off against the note of Stone a larger claim, growing out of a bond of indemnity, executed to Stone by Caroline Clarke, deceased at the time of filing the bill.

Appellant purchased of Mrs. Clarke, in her life time, certain property in Chicago, through her agent and attorney, Rucker, and paid her in cash $847.50, and executed to her his two notes —one for $455, due May 1, 1858, and one for $1233, payable May 1, 1859. These notes were dated…