Phillips v. O'Neal

Blandford, Justice.

Mrs. Phillips brought an action againstO’Neal to recover what was due upon two promissory notes. O’Neal pleaded a total failure of consideration, in that he alleged that the notes sued on were given for certain land which he bought from Mrs. Phillips; that at the time of the purchase she alleged that she was the owner of the land, and relying upon and believing these statements made by her, he gave the notes sued on; but that in truth the land did not belong to her at the time, but to him by a purchase made by him from one Love, of which fact, however, he was ignorant at…