7 Blackf. 172 | Ind. | 1844
— This was a bill in. chancery filed in March, 1842, by Webster Nance against Daniel Dunlavy, to obtain a conveyance of a certain tract of land. The following are the material facts: .
The complainant, on the 10th of April, 1841, purchased of the defendant a tract of land for 650 dollars, and delivered to him in part payment a horse, saddle, and bridle, valued at 100 dollars, tie also executed his note to the defendant for 119 dollars and 50 cents, in part payment of the land, payable on the first of October, 1841. For the residue of the purchase-money, the complainant assigned to. the defendant a note executed by his, the complainant’s brother, James Nance, which had been for, some time due ; the complainant saying at the time, that he expected the maker would get money for work doné on the public works, and pay the note in the fall. The defendant, at the time of the contract and as a part of it, executed to the complainant a title-bond for
The note for 119 dollars and 50 cents was paid a few days before it became due. In August, 1841, the defendant went to see James Nance, the maker of the assigned note, who lived in a distant county, and demanded payment of the noté. The maker said he could not then pay the note ; but he induced the defendant to believe he would pay it; and the parties agreed to meet again on the business in four or five days, at Franklin, in the county where the maker lived. The defendant attended at the place on the day appointed, but the maker failed to attend, and had gone out of the county. The defendant then, viz., on the 22d or 23d of August, 1841, gave the note to an attorney to collect, and on the 25th of the same month a suit was commenced on the note in the county where the maker resided. The writ, which was returnable on the first day of the then next September term, which commenced on the 14th of September, was delivered to the sheriff on the 27th of August, and was returned “not found.” During said term, an alias writ was awarded, and the cause continued. The last-named writ was duly executed, and the plaintiff obtained judgment in the suit on the second day of the next term, viz., on the 15th of March, 1842. Sometime in that month, the day of which is not shown by the record, the bill in the cause before us was filed.
The Circuit Court decreed in favour of the defendant.
There is no difficulty in this case. We understand by the condition of the title-bond, that the complainant had no right
— The decree- is affirmed with costs.