Smith v. Tipps

WIEESON, O. J.

(after stating the facts as above). The theory upon which appellee was awarded the relief he sought was that, as the owner of the unpaid purchase-money notes and transferee of the legal title remaining in Hightower as one of Smith’s vendors, he was entitled on Smith’s failure to pay the notes to recover the land. That appellee was entitled to recover at least a part of the land is clear, unless his suit therefor was barred by force of a provision in the act of April 3, 1913 (General Laws, p. 250; articles 5693, 5694, 5695, Vernon’s Statutes), as follows:

“Those owning the…