Mitchell v. Dibble

Perkins, J.—

Suit upon a promissory note, given for the last installment of the purchase-money for a tract of land.

Answer, denying a tender, or offer of a tender, of a deed, and setting up an outstanding mortgage. Issues of fact upon the paragraphs of the answer.

The cause was tried by the Court. Judgment-for the plaintiffs.

It is urged by the appellants that improper testimony was admitted, as appears by points reserved during the progress of the trial; but the bill of exceptions is not ^o made as to distinctly present the points, and there is no statement of the Court of such facts as may have…