Key v. Henson

This was an action of debt, on a promissory note, dated the 16th December, 1852, and payable to James Hudson, on the 25th day of December, 1853. The plaintiff sued as administrator of Hudson. The defendant interposed a special plea, of which the following is a copy, to wit:

“ Comes the said defendant by attorney, and says actio non, &c., because he says that the consideration of the note sued on Herein has entirely failed, in this, to wit: On the 11th day of March, A. D. 1851, John Hutchinson and James Hudson sold to Benjamin W. Winstead and James Tate, the south-west qr. of the west qr. of…