S. L. Crook Corp. v. Blackburn, Sheriff

Opinion op the Court by

Creal, Commissioner—

Affirming.

On March 14, 1929, R. C. Stevens and wife executed and delivered to S. L. Crook and H. C. Rawls a deed for two tracts of land in Caldwell county, and as evidence of deferred payment, the grantees executed and delivered to R. C. Stevens two notes for $2,750. On October 17, 1930, R. C. Stevens instituted an action in the Caldwell circuit court seeking recovery on these notes and for the enforcement of the lien retained in the deed to secure their payment.

Thereafter and before answer or any other pleading had been filed, plaintiff filed an…