Claiborne

On April 5, 1884, George Crossmore, now deceased, was the owner of the real estate in the complaint described, and on that day he sold the said real estate to defendant, Nicewonger, for the sum of eight thousand dollars, taking his promissory note therefor, payable four years from that date, with interest. Crossman executed a grant, bargain, and sale deed for said premises to Nicewonger, but said deed was never recorded. It appears that Nicewonger was indebted to one Castle in a sum of money exceeding ten thousand dollars, and about the twenty-eighth day of February, 1885, Castle, Cross-more, and Nicewonger met, and it was agreed between them that Nicewonger would surrender up his deed, and that the same should be destroyed, and that Crossmore should execute a' deed of said laud to Castle direct; that Castle should pay eight thousand five hundred dollars for the land by paying to Cross-more four hundred and eighty dollars interest on the note, and to Nicewonger twenty dollars, and by crediting Nicewonger with the sum of eight thousand dollars on his indebtedness to him, Castle, and that Crossmore should keep the note of Nicewonger and hold it for payment of the land, and look to…