Evans v. Menefee

Evans, one of the plaintiffs in error, had sold a house and lot in the town of Cape Girardeau, to Menefee, the defendant, for five hundred dollars. The defendant executed to Evans, two single bills, obligatory, for two hundred and fifty dollars each, to secure the payment of this money. These notes were assigned by Evans to Ellis, the other plaintiff in error. Ellis sued-Menefee on these two notes, Menefee files his bill against Evans and Ellis, in which he states that Evans had no right to the house and lot, which were the consideration he had received for the notes.

The Circuit Court granted…