Hodges v. Roberts

Stayton, Chief Justice.

On January 8, 1884, B. F. Hodges sold to T. J. Hart a tract of land.

For the land Hart paid $200 cash and transferred to Hodges a negotiable note for $300 executed to himself by E. W. Roberts, G. W. A. Roberts, and R. E. Bell, payable on November 1, 1884.

This note was accurately described in the deed as a part of the purchase money for the land, and the deed reserved a lien on the land to secure its payment.

The reservation was in the following language: “But it is expressly agreed and stipulated that the vendor’s lien is retained against the above described property,…