Bedford and Bates v. Stone

STEPHENS, Associate Justice.

Appellees declared on three promissory notes secured by vendor’s lien on a tract of land in Eastland County. Partial failure of consideration—the vendor never having had any title to a part of the land—was the only defense. Appellees acquired the notes in due course of trade before maturity for a valuable consideration without notice of any want of consideration. Judgment was consequently rendered in their favor for the full amount sued for, with foreclosure of the lien.

The first assignment raises a question of some difficulty, as follows; “The case was called for…