Calhoun v. Davis

Debt by the plaintiff in error against the de*533fendant in error. The first count is a promissory note made by the defendant to one Castell, and assigned by the latter to the plaintiff. The note was for the payment of 400 dollars on or before the 1st day of February, 1841. The second count is for money had and received.

The defendant pleaded, inter alia, that at the time the note mentioned in the declaration was given, and as part of the same transaction, the said Castell sold to the defendant a certain tract of land in Porter county, on which there was a mortgage in favor of one Benton, and for…