Wainscott v. Silvers

Silvers sued on a note, and to foreclose a mortgage.

- The paragraphs of the answer which it is material to notice are the second, third, fourth, sixth, and seventh.

The second averred that the plaintiff and defendant, *498Wainscott, made an agreement, on the 11th of November, 1856, by which the plaintiff sold, and the defendant purchased, certain real estate, and the appurtenances, for 2,000 dollars, of which 1,000 dollars was, on that day, paid down, and the note sued on, and another of like amount, executed for the balance (and a deed executed: to the defendant), and the mortgage made to secure…