Pezzarossi v. Collins

Opinion of the Court by

Commissioner Tinsley

Affirming.

Appellee instituted this action against appellant to recover on two notes of $1,250 each, executed by appellant as balance of purchase money for a tract of land sold to him by appellee by written contract, and to have said land declared in lien to secure the payment, of the notes and sold in satisfaction thereof.

Appellant filed answer in two paragraphs — the first of which traverses the petition, and the second, made a counterclaim, admits the purchase of the land, hut alleges that the written contract was subsequently • prepared by…