McDonald v. Nolan

McDONALD, Chief Justice.

Plaintiff, McDonald, instituted this suit against defendant Nolan, upon a note for $782.53, and prayed for foreclosure of chattel mortgage upon certain chattels used in the raising of chickens. Plaintiff further caused a writ of sequestration to be levied upon such chattels. Plaintiff, by supplemental petition, alleged that the note sued on represented a consolidation, accord, satisfaction and novation for three accounts owed by defendant to plaintiff, to-wit: a hog account reduced to $400; a chicken account, $281.43; and an open account, $85.10.

Defendant answered that…