Smith v. Nesbitt

In 1910, appellant conveyed to appellees certain school land, the consideration being paid part in cash and part evidenced by four vendor's lien notes. At the time of the conveyance there was due the state by appellant on the land about $1.87 an acre, interest thereon at 3 per cent. being payable annually. The deed contained the following clause:

"And the said A. L. Camp and G. G. Nesbitt do hereby assume the obligation of the original purchaser of said land to the state of Texas. But it is expressly agreed and stipulated that the vendor's lien is retained against the above-described property,…