McDowell v. Phelps' Administrator

Opinion op the Court by

Commissioner Tinsley

Reversing.

This is a suit instituted in the Grayson circuit court to settle the estate of James Phelps, deceased. In the second paragraph of the petition it is alleged that on March 12, 1919, one Ed Williams sold and by deed conveyed to the appellant, A. M. McDowell, a described tract of land in Edmonson county, Ky., and in part consideration for which McDowell executed to Williams a note for $300, due January 1, 1920, bearing interest from date, and to secure which a vendor’s lien was retained in the deed: that ou the 11th day of March, 1921, Ed…