McLendon v. Ricks

1. Under the facts of the case the court did not err in excluding from the evidence the common-law execution.

2. This was a suit on a note given in part payment for a meat-market outfit; to which the defendants pleaded total want of consideration. The evidence showed that there was an outstanding mortgage on the property at the time of its sale to the defendants, which was foreclosed subsequently to the sale, and that the property was bought in by a third person, and the defendants were deprived of its possession. Upon the trial there was a sharp conflict in the evidence as to whether the…