Tibbs v. Timberlake

*12Opinion of the Court, by

Judge Owsley.'

THIS was a bill in chancery exhibited by. Timber-lake against Tibbs and Clarke, to be relieved against a judgment at law recovered by Tibbs, as assignee of Clarke, on a note for one hundred dollars, which was executed by Timberlake to Clarke in August 1817, and made payable the first of January thereafter,

In his bill, Timberlake charges, that the note was g'ven by him for the price of a horse which he purchas-of Clarke; that at the time he made the purchase, the horse was lame in one of his fore legs; hut that rely-*n§ on assurances of Clarke, together…