Whitlock v. Denlinger

This was an action of assumpsit, brought in the Marion circuit court by the appellee against the appellants, on a promissory note.

The appellants filed two special pleas, in the first of which, it is averred, that the note on which the action is brought, was assigned to the appellee merely for the purpose of collection; that the sole consideration of the note was certain real estate, conveyed by James Erwin, the payee of said note, to the appellant Whitlock, by warranty deed, containing the usual covenants; and that the said Erwin, at the date of the execution of said deed, had not, nor has he…