Bramlette v. Ellington

Opinion by

Judge Coeer:

At the common law a vendor had a lien on' land sold until the purchase money was paid. By Sec. 26, Chap. 80, Revised Statutes, it was declared that where any real estate should be conveyed, and the purchase money, or a part of it, remained unpaid, the vendor should not thereby have a lien for the same, unless it was expressly stated in the deed what part of the consideration remained unpaid.

The deed before us shows that one of the grantors owned two-thirds and the other one-third of the land, and that notes were executed to each for his interest, and how much was due to…