Fleece v. O'Rear

Best, C.

This action was brought by the appellant against the appellees, to recover the balance due upon a note made by Robert F. O’Rear, and to enforce a vendor’s lien upon certain real estate for which the note was given, against both of theappellees.

Issues were formed, a trial had, and a finding made against Robert F. O’Rear upon the note, and in favor of the appellee» upon the lien.

At the request of the appellant, the court found the facts, specifically, and stated its conclusions of law thereon. The facts found are in substance these: That Clinton B. Fleece-owned the lots in the complaint…