Millican v. Livingston

This suit was commenced by Thomas W. Millican against J. D. Livingston and J. W. King on a promissory note, securing attorney's fees and waiving exemptions as to personal property. There was a jury and verdict in favor of the defendants, judgment thereon by the court, and the plaintiff appeals therefrom.

The plaintiff and defendant J. D. Livingston entered into a written agreement by which plaintiff was granted the right to sell certain land, 60 acres, on the following terms:

"One-third cash and the balance secured by first mortgage on the property sold, payable in equal installments in one,…