Gruell v. Smalley

JUDGE PETERS

delivered the opinion op the court :

In this equitable proceeding, the summons was executed on appellants, defendants in the court below, on the 17th of March, 1864. On the 20th of April, 1864, the first term of the court *359after the service of the summons, they filed their' answer, in which they allege the note sued on was executed for a part of the price of a tract of land represented to them by appellee, and estimated by the contract to contain 220 acres, the price being $25 per acre; that $4,100 were paid down at the date of the contract, and three notes for $466 66 each,…