Parker v. Garnhart

The plaintiff sues on sundry notes drawn by the defendant and payable to the plaintiff’s testator. The execution of the notes is admitted, but it is alleged in defense that the notes were given for real estate purchased of Block, deceased, to secure a portion of the purchase money; that these notes were secured by deed of trust on the identical land conveyed to the defendant by Block; that the defendant, in January or February, 1862, having then paid in all some $800 of the purchase money, proposed to Block to take back the land and give up the remaining notes ;that Block assented to this,…