Bingaman v. Cook

OPINION

CARMODY, Justice.

From a judgment decreeing foreclosure of certain mortgages, appellant challenges the failure to recognize the superiority of her claim, asserted to be a vendor’s lien.

Summarizing the facts: There was a controversy over the ownership of certain property, and appellant Cook and one Thomas entered into an agreement, dated February 14, 1958, that Thomas would pay Cook $8,000.00 if Thomas determined to retain ownership in certain real estate. It was provided that Thomas would pay Cook $1,000.00 at the time he determined to retain the property and the $7,000.00 balance at…