Irvine v. Grady

GAINES, Associate Justice.

This is an appeal from a judgment rendered in favor of P. II. Grady against Sam B. Irvine and TV. E. Rayner, in a suit by the former to recover of the latter the amount of a promissory note made by Irvine as principal and Rayner as surety, and to foreclose a mortgage upon cattle, executed by Irvine to secure its payment.

The note was given for a part of the purchase'money of a half-interest in a stock of cattle sold by Grady to Irvine. The defense was, that the note was procured by fraud, in this: That at and before the time of the sale of the cattle Grady represented…