Mhoon v. Wilkerson

Simrall, J.:

In June, A. D. 1860, R. H. Byrne sold the lands described in the pleadings to J. J. Mhoon, for $16,000, all of which has been paid except $4,000, evidenced by promissory note, due 1st January, 1863. Byrne executed the ordinary bond for title, by which he engaged to convey the property to Mhoon, with general covenants of warranty, on full and final payment of the money. Mhoon was at once let into possession.

The bill alleges that Byrne, for value, indorsed and delivered the promissory note made by Mhoon for the last installment, to C. P. Freeman, which is the note due 1st January,…