Whisler v. Hicks

This was an action of debt upon a sealed note for 160 dollars, payable the first of September,' 1837.

The defendant below .pleaded a failure of consideration, stating that the note was given to secure the payment of a part of the consideration money for 180 acres of land, which he had purchased of the plaintiff below at the price of 1,000 dollars ; that at the time of making the contract, the latter executed to the former a bond conditioned to make him a title to the land by general warranty deed by the first of September, 1836, which bond had been destroyed, and could not therefore be…