Carver v. Fennimore

Suit upon a promissory note by the assignee against the maker. The maker answered that the- note was given for the consideration of a piece of land purchased by him upon the terms stated in a title-bond executed at the time, viz.: that there should be paid for the land 2,000 dollars, for which promissory notes were executed; and that he should have a good and sufficient deed, &c., “upon payment of the purchase-money.” He further answered, that a deed had not been tendered, &e., and also that the land, at the *136«time of the execution of the bond, was in the adverse of a third person.

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