Farm & Home Savings & Loan Association v. Abernathy

Mr. Judge German

delivered the opinion of the Commission of Appeals, Section A.

On April 14, 1921, W. C. Jackson executed a deed to M. G. Abernathy, conveying certain real estate in the City of Breckenridge. Of the consideration $15,000.00 was paid in cash, and a note for $15,000.00, with vendor’s lien retained, was executed by Abernathy to Jackson. This note with the lien was assigned to the United Home Builders of America, and deed of trust was later executed by Abernathy and wife, Mollie D. Abernathy, upon the property mentioned for further securing the note. The cash consideration at the…