Hanna v. Buckley

Tbe plaintiff commenced this action in tbe district court of Dawson county, on a promissory note, to recover tbe sum of $49.50 and interest. Defendant admitted tbe execution and delivery of tbe note in suit, but alleged that it was for tbe purchase price of a borse sold to bim by plaintiff, and that plaintiff represented that be possessed a good title to tbe borse and tbat it was not mortgaged or incumbered in any manner; tbat tbis was untrue, there being at tbe time of tbe sale to defendant, to plaintiff’s knowledge, an existing mortgage on tbe borse; tbat subsequent to defendant’s purchase…