Herron v. Harbour

Opinion by

MATHEWS, C.

This was an action for a recovery-upon promissory notes given for the purchase price of a tract of land.. The defense interposed against the notes was a failure of title to the land. Plaintiff sold the land to defendant and executed to him a warranty deed therefor. The defendant claims that no title to the land was ever vested in plaintiff, hence a failure of consideration for the notes sued on. There was no offer of recon-veyance by defendant, either in the pleadings or in the proof. No demurrer was filed against the answer, but at the beginning of the trial, the burden…