McCrea v. Marshall

The judgment of the court was pronounced by

King, J.

On the 7th of March, 1842, the plaintiff McCrea, purchased from Thomas Barnard, a tract of land, lying in the parish of Terrebonne, represented in the act of sale to contain 760 acres, for the price of $6080, for which sum the purchaser gave his promissory notes, bearing eight per cent interest from .their date, and a mortgage was retained upon the land to secure their payment.

In 1843, Marshall, the defendant, purchased those notes from Barnard. Pending the negotiation for their transfer, both parties were notified by McCrea, .that a…