Steel v. Stearns Coal & Lumber Co.

Opinion of the Court by

Chief Justice Hobson—

Affirming.

On September 27, 1866, William Carson purchased from E. B. Rice a tract of land in Wayne county and executed to Rice for the purchase money, his note for $300.00 due in two years. The note was afterwards assigned to William Koger. William Carson died prior to the year 1872, and on October 24, 1872, Koger brought a suit against the widow and children of William Carson to enforce his lien on the land. One of Carson’s daughters, Lurana H. Steel, was a non-resident of the State and was proceeded against by warning order. No judgment was…