Carver v. Williams

Suit upon a promissory note.

Answer in two paragraphs—

1. That the note was,obtained by fraud.

2. That it .was given upon the purchase of a lot of ground; that at the purchase, a bond was given for a deed on payment of the note; and that the obligor had no title, &c. The bond was neither filed nor copied.

Reply — 1. Denial of the fraud. 2. Admitting that the note was given on the purchase of the lot mentioned, and that a bond was given; and averring that the obligor could convey, on payment of the note, such a title as he undertook to convey in his said bond.”

Thereupon, the defendant moved that…