Davis v. Montgomery

This suit was instituted by Montgomery against Davis and wife, to foreclose a mortgage executed *588by the latter, and to recover the amount of two promissory notes for $2,000 each, with interest, the notes being secured by the mortgage, a copy of which is exhibited with the complaint. The facts set up by way of defence were, in effect, that the consideration of the notes sued on was the unpaid balance of the purchase-price of the real estate described in the mortgage, which the defendant, Thomas S. Davis, purchased from the plaintiff.

It is averred, that for the purpose of inducing Davis to…