McDaniel v. Bryan

This was assumpsit, brought by McDaniel, administrator of Ellen Maxwell, deceased, on a promissory note for $266.67, executed to his intestate by appellee. The note was given for part of the purchase-money of one hundred and twenty acres of land, for which appellee got a warranty deed with covenants of title. The defense was a failure of title to forty acres of the land.

The title of the land had been in the husband of intestate, and the deed was executed by the husband and wife, and the note made to the wife. Theretofore a judgment had been rendered in the Kichland County Circuit Court,…