Fagan v. McWhirter

Stayton, Chief Justice.

Appellee brought this action on a note executed to him by appellant, to secure part of the purchase money for a tract of land sold by the former to the latter, and to enforce the vendor’s lien. The appellant answered by a general denial, and by a special plea, in which he attempted to set up a failure of consideration, and defect of title. The special plea alleged that the land, for the purchase of which the note was given, was community property, owned by the appellee and his wife, deceased at the time the conveyance was made; that the wife left a minor child, who was…