McWilliams v. Phillips

The bill was filed to enforce a lien on lands for the payment of a promissory note executed to the appellant, the vendor, by the appellee, the vendee. The making of the note, and that it was given for part of the purchase-money of lands, is not controverted. The matter of dispute is, whether an order drawn by Phillips on one Duly (and by him accepted) for the delivery of lumber to the appellant, 'was taken in payment of the note; or if not taken as unconditional payment, whether it was not taken as conditional payment, and the appellant, not having used any diligence to obtain the lumber, or…