Burns v. Kerr

Kerr, for the use, &c., sued Burns on a sealed note for 50 dollars. Six pleas were filed, setting up want of consideration and fraud. Replications in denial of the pleas. Issues of fact. Waiver of a jury, trial by the Court, and judgment for the plaintiff.

J. Pettit and S. A. Huff, for the appellant. D. D. Pratt, for the appellee.

The cause is brought to this Court upon the weight of the evidence.

It appears that the note was given by Burns to Kerr for the consideration of the purchase by the former from the latter, of a claim set up by the latter upon a certain quarter section of land owned by…