Medley v. McElroy

Opinion by

Judge Holt:

The recorded deed from Spalding to Ballard retained a lien upon the land conveyed by it for the payment of the note sued upon by the appellee, G. E. McElroy.

The appellant, J. W. Medley, having purchased the land from Ballard, and paid for it, claims that the appellee, McElroy has by his conduct estopped himself from asserting any lien against the land.

The answer alleges in substance that he (McElroy) before he purchased had the clerk of the 'county in which the land was situated examine the records and that he reported to him that there were no liens upon it; that he…