McDaniel v. Whitsett

"Wilkes, J.

This is an action to recover upon a note for $200, given in part consideration of a tract of land. It was commenced before a Justice of the Peace, appealed to the Circuit Court, and there tried before the Judge without a jury, resulting in a judgment for the defendant, from which the plaintiff has appealed and assigned errors. The defendant filed a special plea of non est factum, averring that the note had been fraudulently altered by the payee after it was given. The note, as originally given, was payable to the order of James C. Whitsett, and specified on its face that it was for…