Peyton v. Bowell

Debt by Bowell against Peyton, on a sealed note for the payment of money. Pleas, 1st, per fraudem; 2dly, failure of consideration. Bowell had Harrodis bond, conditioned for the execution of a good title to a tract of land, fie sold to Peyton, and assigned him the title bond. The note in question was given by P-eyton.ia payment. Yerdict and judgment for the plaintiffbelow.

The instructions which the Court gave to the jury, are assigned for error. So far as those instructions go to state, that an incumbrance on real estate must be of record, or by deed, to, authorize the vendee in refusing a…