Armour Fertilizer Works v. Zills

FOSTER, Justice.

This is a bill in equity, filed by appellant to enforce an alleged vendor’s lien.

McNair was the owner of the land and sold and conveyed it to appellee, Zills, for a consideration of $950, recited in the deed to be fully paid. It was not in fact all paid, but was subject to an agreement between the parties, whereby the purchaser assumed a mortgage of approximately $500, and transferred certain securities which wer.e accepted as cash, and were paid later, and gave his note for a balance of $156, the subject of this suit.

The note was a negotiable instrument and made no reference…