Stilwell v. Chappell

This was an action by appellants upon a note executed by the appellee to one Loyd Brown for nine hundred dollars, and assigned to appellants. The appellee answered, that the note was given as the last payment on certain real estate sold by said Brown to the appellee; that all the consideration money for such sale had been paid except this note, and that said property had been sold subject *73only to certain liens, which are set out, and that a warranty deed had been executed conveying the property to the appellee ; that, subsequently, the appellee had discovered that another incumbrance upon the…