Toner v. Mitchell

The appellee, who was the plaintiff below, brought an action, in said Court, against Toner, upon a promissory note for 500 dollars, and, also, to foreclose a mortgage to secure its payment. Both note and mortgage were given to one Martha Shelton, and by her assigned to the plaintiff.

Defendant’s answer contains three paragraphs. The first and second make no point in the case. The third admits the execution of the note; but avers that it was given to Ma/rtha Shelton in consideration of the sale and conveyance, by her to the defendant, of the “east half of the south-west quarter of section six,…