Weaver v. Stoner

The plaintiff brought suit against Weaver upon a promissory note. Weaver filed a plea- setting up that the consideration of the note had partially failed, for the reason that the note was given in part payment of the purchase-money of a tract of land, and that he had-lost possession of a portion of this tract because the plaintiff did not have title thereto. • He asked in his plea that the purchase-money be abated to the extent of the value of the land to which he had failed to obtain title. Upon the trial it appeared that Thaddeus Pickett owed Stoner, and to secure the debt conveyed to him a…