Farmer v. Fairman

Debt by Fairman against Farmer and one Cole, on a promissory note payable to Harter, and by him assigned to the plaintiff The writ was returned “not found” as to Cole, and the return was suggested on the record. Farmer pleaded three pleas. 1. Nil debet. 2. That the consideration of the note was the bargain and sale by indenture of a certain tract -of land by the payee to the defendant and Cole, in which indenture the vendor covenanted that he was' seised in fee, and had good right to sell, *258and that the land was free from incumbrances; that the plaintiff had no title, &c. 3. That the…