Alloway v. Sibert, on Appeal, 3 Blackf. 401

Alloway v. Sibert, on Appeal. DEBT on three promissory notes dated in August, 1821: the' first payable two years, after dáte, the second three years after date, and the third four years after date.. Flea, that the notes were given in

part consideration of certain town lots in West* port,'Oldham county, state of Kentucky; . that at the time the notes were given, the plaintiff executed-.to the defendant á title-bond, conditioned for the conveyance of the lots to the defendant, on the payment of the note lastfo fall due; that the .plaintiff never had' any title to the.lots, and never made any to the defendant; and that,,therefore, the consideration of the notes had failed, Replication, that the consideration had not failed in. manner and form, &c.' It was proved, on the trial, that there -was no deed of conveyance. for the lots to the plaintiff; recorded in the clerk’s office of Henry county, state of Kentucky; -but it did not appear, that the records of that office furnished any evidence as to the title óf real estate in the county of Oldham aforesaid, in which the lots in question were situate.

It was also proved, that the deféndant had been in possession of the premises ever since the date of the notes, without any interruption except as to some small part; and as to that part, it did not appear that the interruption was in. consequence of any legal claim. Held, that the plea was not sustained by the evidence, and that the plaintiff was entitled to judgment-.