Wilkerson v. Chadd

14 Ind. 448 | Ind. | 1860

Per Curiam.

Suit on note. Answer, averring that the note was given for lands for which an imperfect deed was executed, which is referred to and made a part of the answer, and that the vendor had no title to a part, &c., of said land, &c. Demurrer sustained to the answer. Judgment for plaintiff.

The deed exhibited does not sustain the averments in the answer. The demurrer was properly sustained. Small v. Reeves, at this term ⁽¹⁾.

The judgment is affirmed with 5 per cent, damages and costs.

(1) Ante, 163.