Billan v. Hercklebrath

Suit by an assignee upon a promissory note.

*72The defendant answered the general denial, and specially that:

1. The note was given for the last installment of real estate, in the deed to which the wife did not join, but against whose right in the property the grantor agreed to indemnify the grantee; that he had not executed an indemnity; that the wife had obtained a divorce in Ohio,. with $1,000 alimony, etc.

2. The second special paragraph was substantially like the first, excepting the averment that it was agreed, on the making of the note, that it should not be collectable till the interest of…