Smith v. White

Williams, Judge:

This suit is brought by Will M. Smith against M. Z. White and the United Thacker Coal Company, a corporation, to enforce a vendor’s lien reserved in a deed for 688.5 acres of land. The deed was executed by Smith to White 7th August, 1907, and contained the following covenants, viz.: “The parties of the first part covenant to and with the party of the second part thát they will warrant generally the said lands and property hereby conveyed, and that said lands is free from all encumbrances.” The consideration was $42,000 and the suit is to enforce the last deferred payment,…