Douglass v. Thomas

This was a proceeding by Thomas against Douglass and others to foreclose a mortgage.

The defendants pleaded by way of counter-claim, that the consideration of the note, mentioned in the complaint, was part of the purchase-price of the several parcels of land described in the mortgage, which land it was averred had been conveyed to the mortgagors by the mortgagee, by deed containing full covenants of warranty. It was averred that the purchase-price agreed to be paid for the land was $1,200, and that it had all been paid except the amount covered by the note in suit, the principal of which was…