Morrison v. Faulkner

STAYTON, Chief Justice.

This action was instituted by appellee on a promissory note alleged to have been executed by appellants as partners on October 11, 1888, to secure the purchase money of a tract of land conveyed by him to them on which foreclosure of lien was sought.

Defendants by an answer, sworn to by one of them, alleged that the note was without consideration; that it was executed under duress caused by fear of a criminal prosecution threatened by Faulkner for an offense of which they were not guilty; that title to part of the land for which it was executed had failed, and defendant…