Savoy v. Brewton

TARLTON, Chief Justice.

This suit was brought by appellant against the appellee to recover the principal sum of $150, alleged to be due upon two promissory notes executed by the latter to the former, and to foreclose the vendor’s lien expressly retained in the notes on a tract of 160 acres lying in Eastland County.

Defendant sought to avoid payment of the notes on the ground of failure of consideration. He alleged, that on January 21, 1888, plaintiff conveyed to him the land in question in consideration of $50 cash and of the execution and delivery of Jfche notes sued on; that at the time of…