Baker v. Railsback

Assumpsit . upon a promissory note executed

by Railsback to one Strang, and by him assigned to the plaintiff, Baker.

The defendant pleaded, as to the sum of 200 dollars, part of the sum called for by the note, that said note was given for the last payment on a lot of ground purchased by said Railsback of said Strang for the price of 1,400 dollars, 1,100 dollars of which were paid in hand, and said note given for the residue, 300 dollars; that said Strang executed to said Railsback, on the purchase, a warranty deed, covenanting that said land was free from all incumbrance, &c., when, in fact, it…