Emerson v. Mills

GABBETT, Presiding Judge,

Section B.—Suit was upon a promissory note executed by the appellant for land.

February 17,1880, one E. H. Wilson conveyed to the appellant S. P. Emerson a tract of land containing 680 acres, for which Emerson paid Wilson $3000 in cash and executed to him his three notes for $2000 each, due one, two, and three years after date. At the . time of the sale the parties knew that the title to forty acres of the land was in doubt, but supposed it could be perfected, and Wilson conveyed the entire tract by a deed with covenants of general warranty. All of the purchase money…