Alexander v. McCauley

The appellant, who was the defendant below, pleaded two pleas to an action of debt founded upon a note to the appellee. The first was a general plea of no consideration. The second plea stated that the note was given towards the payment of a piece of land, to which the plaintiff represented that his wife had a good swamp land title, whereas the fact was, that the land was not swamp land, and had, before the entry of the land under which the wife of the plaintiff claimed it, been entered in the United States Land Office at Helena.

To the second plea the plaintiff replied that at the date of the…