Roberts v. Johnson

Gould, Associate Justice.

The petition in this case alleged, that Allison sold and conveyed to defendant Johnson certain lands, in payment for which Johnson gave three. promissory notes, secured by a vendor’s lien on the land conveyed, and the object of the suit was the enforcement of that lien. The petition discloses that a former suit had been brought on those notes, and judgment recovered for the amount thereof; that execution issued thereon had been returned “no property found,” and that Johnson was wholly insolvent.

The answer alleged, that, under the pleadings and the charge of the court…