Carraby v. Navarre

The facts are fully stated in the opinion of the court, delivered by

Porter J.

This action is brought on a promissory note, given by the defendant in payment of a house and lot, purchased by her from Pierre and Antoine Carraby. The debt is secured by a mortgage of the property, which was the consideration of the note. The petition asks for judgment for the amount due, and for a sale of the mortgaged premises.

The answer admits the execution of the note, and avers, the defendant gave an order on the heirs of Fletcher, which was to be in full satisfaction of the price of the house and lot. To this…