Witt v. McCrohan

MARTIN, Justice.

Appellee filed suit against appellant upon five vendor’s lien notes and for foreclosure of his vendor’s lien on a section of land in Wheeler county.

The substance and effect of appellant’s answer was that appellee had agreed in writing to purchase the section of land against which foreclosure proceedings were filed for a total consideration of $5,120, the notes sued on, amounting in the aggregate to $2,900, to be canceled, the remainder of the-consideration to be paid “in cash or its equivalent.” Abstract of title showing merchantable title was to be furnished to said land and…