Yarnell v. Burnett

GARRETT, Chief Justice.

Burnett sued the defendant in error and one'L. A. Dowdell to recover upon a promissory note executed by Dowdell for land, and to foreclose a vendor’s lien. Dowdell had conveyed the land to Yarnell by a deed which recited as the consideration the assumption of the note by the latter. Judgment was sought against both defendants for the amount of the note, with foreclosure of a vendor’s lien upon the land. Yarnell pleaded defenses against the validity of the lien and his liability for the note. Hpon trial judgment was rendered against Dowdell for the amount of the note,…