Hart v. Larkin

Were it the case of a deed of trust for an ordinary debt, I would have no question; but it is purchase money. When a conveyance is made, and at the same time, as part of the transaction, a deed of trust for purchase money is given, it is the same as the reservation of a lien in the conveyance. Roush v. Miller, 39 W. Va. 638. As there said, it is only another mode of retaining a lien. Indeed, I may say it is more forceful, because it is an agreement to sell for the lien, a pledge. Here is a covenant of general warranty, not broken by the existence of incumbrances. Our cases settle that in a…