Niblett v. Shelton

—The defendant in error, Shelton, instituted this suit upon an obligation in writing, as follows, to wit:

“$770. On or before the first day of January, 1860, we promise to pay R. A. White, or bearer, the sum of seven hundred and seventy dollars, bearing ten per cent, interest from date. This note is given to secure part of the purchase-money of two tracts of land, of 320 acres each, patented e to said White, as assignee of Elijah Sanders and Richard Sanders, sold us this 17th day of August, 1858.

“W. H. Niblett,

“ S. P. Niblett.”

Shelton avers that he is the holder and owner of the note and the…