Mr. Ch. J. MARSHALL delivered the opinion of the court, and after stating the facts, proceeded as follows:
On the first exception it has been argued, that there is a failure of consideration, which constitutes a good defence in this action.
Without deciding whether, after receiving a deed, the defendant could avail himself of even a total failure of consideration, the court is of opinion, that to make it a good defence, in any case, the failure must be total...
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