Spencer v. Kinnard

The petition was filed, praying a new trial and an injunction enjoining the defendant from prosecuting execution on the judgment obtained by him against the petitioner. It is alleged in the petition, that judgment had been rendered in a suit against petitioner, purporting to be founded on a note given by the petitioner, to the defendant, for sixteen hundred and ten dollars; that the note had been given in consideration of property purchased by petitioner from the plaintiff, which trade was cancelled, and the property returned to the plaintiff, and the note given up to petitioner ; that…