Milligan Coal Co. v. Polowy

Woods, Judge:

Sometime prior to 1921, The Hartland Colliery Company sold a tract of 400 acres of coal land to the Carver Fork Colliery Company, reserving a vendor’s lien to secure the unpaid balance of $43,000.00, evidenced by two notes of $21,-500.00 each, the first falling due on the 6th day of October,. 1921. The latter company after beginning operations sold the property under a contract of sale bearing date the 14th day of July, 1921, to one M. C. Jennings, who as a part of the consideration, assumed payment of the balance due Hart-land Colliery Company. Jennings immediately transferred…