Carney v. O'Neil

Carney sued O’Neil before a justice, upon the common count for money paid to his use, and O’Neil pleaded the general issue. In order to establish his cause of action Carney was allowed, under objection, to put in evidence a deed to himself from O’Neil and wife, conveying a farm, and containing a covenant against incumbrances, and also a prior mortgage upon the farm, given by O’Neil to one Hayden to secure eighty-five dollars and interest, and which, by the terms of the mortgage, O’Neil was at liberty to pay in money on or before the first day of December, 1863, or in lieu thereof, in ditching…