Griffin v. Templeton

Suit on note. Answer: 1. That the note was given for land, and that, as to a part of the same, there was a failure of consideration, in this, that the vendor had no title. &c. 2. Denial. 3. Partial failure of consideration, in this, that two acres were reserved for a grave yard, worth, &c., that plaintiff removed a fence, worth, &c.; that plaintiff represented that a certain fence, worth, &c. was on and belonged to said premises, when in fact it did not, and has been removed by the owner, &c.

Reply: 1. Denial. 2. Defendant accepted a deed with a reservation of- said burial ground, &c. in full…