Beckner v. Carey

The appellee commenced an action upon two promissory notes of two thousand dollars each, executed by the appellant to James Mahan, and to enforce a vendor’s lien for the purchase-money for real estate.

The action was by the appellee as executor of the last will *90and testament of James Mahan, deceased. There was a demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, which was overruled, and an exception taken. Issues of fact were formed, which were tried by the court, resulting in a finding for the appellee for four thousand three…