Smith v. Isom

Opinion op the Court by

Judge Rees

Reversing.

S. B. Isom brought this action against N. L. Smith .and Tip Smith to recover $300 alleged to be due on a note executed and delivered to him by the defendants on March 17, 1930, and due twelve months after date, and to enforce a lien retained in the deed of the same date to secure its payment. The note was executed in part ■payment of the minerals lying under a tract of land in Clay county. The minerals had been sold to the •defendants by the plaintiff for $400. One hundred •dollars of the purchase price was paid in cash, and for the balance the…