Cathey v. Weaver

In 1907 the plaintiff in error, G. C. Cathey, owned the land involved in this suit. On April 27th of that year he sold and conveyed it by deed to E. E. McClain. As a part of the consideration, McClain executed and delivered to Cathey a note, of even date with the deed, for the principal sum of $700.00, with interest from date until paid, due October 1, 1907. A vendor’s lien was retained in both the deed and note in favor of Cathey, to secure the payment of the note. This note was never paid, and is still owned by Cathey. Cathey did not file suit on the note until his cross action was filed in…