Clark v. O'Neal

Merrick, O. J.

This suit is brought upon two promissory notes given as the price of a tract of land. The defence to the action is the failure of consideration. It appears that in March, 1849, the plaintiff sold the defendant the land by an act under private signature. The act of sale not having been recorded in November, 1850, one Robert Burns instituted a suit by attachment against tho plaintiff, before a Justice of the Peace in the parish of De Soto, where the land is situated. After the return of citation and attachment was made, showing that they had been served, judgment was rendered…