W. P. Brownson v. M. E. Hannah

KOONCE, Circuit Judge. -- The defendant in error, as plaintiff in the Court below, sued the plaintiff in error, as defendant below, in a common law action, in his declaration alleging the defendant to be indebted to the plaintiff in a certain sum, in that the defendant on a day named became the grantee in a warranty deed from the plaintiff to the defendant, said deed being under seal that by the acceptance of the said warranty deed from the plaintiff to the defendant he, the defendant, thereby obligated himself to pay a certain mortgage debt when owing by the plaintiff to a certain named party, which obligation on the part of the defendant (grantee in said deed) was a part of the consideration for said deed. That the defendant failed and refused to pay the said mortgage debt (which debt was evidenced by a certain note) and that the payee of said note forced the plaintiff to pay the same and he, the plaintiff, became possessed of and the owner of said note. Copies of the deed and the note were attached as exhibits with proper reference.