Laughery v. McLean

J.— Complaint by the appellee against the appellant upon a promissory note.

The complaint alleges that the note was given in part consideration for the sale by the plaintiff to the defendant of a certain piece of land, and that the plaintiff delivered immediate possession thereof to the defendant, &c., and the plaintiff claims and seeks to enforce a vendor’s lien on the land for the amount of the note.

The defendant answered by a general denial. He also *107filed the following special answer, viz.: “And defendant, for answer to said complaint, alleges that said note was given, and is and was,…