Harris v. Harlan

Harris, as assignee, sued Harlan, as assignor, of a promissory note, averring that at the time the note became due, the maker thereof was insolvent, &c.

Harlan answered, first, in denial; second, that the note, which was for 100 dollars, was, together with a mortgage to secure the payment thereof, given for a part of the purchase-money of certain real estate; that the same was of the value of 300 dollars, and was so mortgaged.

P'he plaintiff replied, admitting that the note and mortgage were so executed, but averring that there was another note for a part of the purchase-money, for 125 dollars,…