Towell v. Pence

Towell sued Pence, alleging in his complaint that on the 27th day of September, 1870, the defendant, by his written agreement, a copy of which is filed with the complaint, in consideration of three hundred and thirty-one dollars and sixteen cents, due from the defendant to the plain*305tiff as balance of the purchase-money for certain real estate purchased by the defendant of the plaintiff, agreed to pay and satisfy two certain promissory notes, amounting to, etc., executed by the plaintiff to T. S. Babbitt & Co., and dated, etc., secured by a mortgage on the real estate; that the-defendant has…