Valley Box & Crate Factory, Inc. v. Acker

Appellant sued appellees for the recovery of real estate,, alleging appellees executed’ and delivered to E. J. Pennell a warranty deed conveying the premises in question but retained a vendor’s lien to secure payment of one certain promissory note of even date with the deed, executed by Pennell and payable to the order of appellee B. A. Acker; that said B. A. Acker, by instrument in writing, for valuable consideration and before maturity, transferred and assigned the note and lien to appellant.

Appellees, not being satisfied with appellant’s statement of the nature and result of the suit, have…