McOutcheon Church v. Smith

Appellants sued appellee to cancel the vendor’s contract lien, retained in a conveyance by appellee to Mary Todd, securing the payment of a series of promissory notes executed in part payment of 737½ acres of land in Rains county, of which appellants at the time were the owners in fee simple, on the ground that the notes were barred by the statutory period of limitation, as was also his right to recover the superior title to the land, Ibut all of which constituted a cloud upon appellants’ title. All issues presented in appellee’s brief were amply pleaded below, because of which it will not be…