Rich v. Walker-Smith Co.

McClendon, c. j.

This was a suit brought by appellee to fore- ■ close vendor’s lien notes upon property that -was originally the business homestead of appellants. The appeal is from a judgment in favor of appellee upon a directed verdict. The controversy arose out of the following facts, which are without material conflict in the evidence:

Rich was eng'aged in the retail mercantile business, and appellee was a wholesaler. On July 20, 1924, the property was conveyed by Rich and wife to appellee by general warranty deed for a recited consideration of $5,000. At that time Rich was indebted to…