Johnson v. Smith

Keith, P.,

delivered the opinion of the court.

This is an appeal from a decree of the chancery cause of Johnson v. Smith, rendered in the Circuit Court of Tazewell county upon facts agreed, which are as follows:

Taze Smith and wife conveyed to Livie E. Johnson, with the usual covenants, a certain house and lot at Pounding Mill, in Tazewell county, in consideration of $750, of which one-third was paid in cash and the balance to be paid in one and two years, evidenced by notes of the vendee, endorsed by M. Johnson, and secured by a vendor’s lien retained in the deed. The notes not being paid, at…