Russell & Seisfeld v. Kirkbride

Stayton, Associate Justice.

That Garrette sold to Kirkbride,by executory contract, the land for which the note sued on was given, is an admitted fact, as is it that Garrette transferred to the appellants this note, given to secure a part of the purchase money, before his note became due.

This being true, there is no doubt that, as between Kirkbride, Garrette and the appellants, a lien on the land for which the note was given passed to the appellants; but as between them, no further right to or interest in the land passed to any one by the transfer of the note.

The vendee, under such conveyances,…