Wert v. Naylor

Bicknell, C. C.

— The appellant brought this suit against Harvey H. Hess and Mary C. Naylor upon a promissory note made by Hess and payable to the appellant.

The complaint alleged that the note was given for land, and that said Mary claimed some interest in the land junior to the plaintiff’s lien for the purchase-money; it demanded judgment against Hess upon the note, and the enforcement of a vendor’s lien. The defendant Hess was defaulted. The defendant Mary answered in three paragraphs, to wit :

1. The general denial.

2. That she was a purchaser from Hess for a valuable consideration without…