Wimpee v. Burt

A vendor of land executed and delivered to the vendee a bond conditioned to make to the vendee good and sufficient title to the land upon the payment of the purchase-money, evidenced by promissory notes. The vendee having defaulted in the payment of the purchase-money notes, the vendor filed suit thereon. While this suit was pending the vendor instituted ejectment against the vendee to recover the land. To this action the defendant filed a plea .in abatement, and alleged the pendency of the prior suit upon the purchase-money notes. She also answered, in substance, that she purchased from the…