McCoun v. Shipman

Action by appellant upon two promissory notes dated January 10, 1913, each calling for $2,500, one of the notes to become due January 10, 1917, and the other January 10, 1919. The notes were given as part of the purchase price of certain real estate and were secured by mortgage. Appellee’s answer admits the execution of the notes and mortgage, but pleads in avoidance that the sole consideration therefor was the sale and purchase of the mortgaged real estate described in the complaint; that appellant, the payee of the note, was guilty of fraud in the sale of the real estate and in procuring…