Jett v. Gordon

1. An instrument reciting that the promissory note embodied therein, for a specified amount payable in installments, is given “for the purchase-money” of described property, and that “the title to the above-described property is to remain in the [seller] until fully paid for,” is a contract of conditional sale, retaining title in the seller until compliance by the purchaser with the conditions of the sale. The court did not err in so holding in effect, in a proceeding to foreclose the instrument “in the same manner as mortgages on personalty,” as provided by the Code of 1933, § 67-1601. It is…