Peterson v. McCullough

The appellant sued the appellee, to foreclose a mortgage, executed by him to her, on certain real estate, to secure the payment of certain promissory notes, the mortgage and notes being dated August 27th, 1868. The defendant answered, setting up that the notes were given for the purchase-money of the real estate; that the real estate was conveyed by a warranty deed, and that the land was encumbered by a right in the Wabash and Erie Canal Company to overflow forty acres of the land, and claiming a deduction from the amount of the notes for that reason.

The plaintiff replied by a general denial,…