Mattix v. Weand

Samuel Mattix owned a piece of real estate, *152and sold it to Charles Wolf. He took a mortgage for unpaid purchase money. That act was an abandonment of the vendor’s equitable lien. Adams’ Eq., Am. ed., p. 341, note. Williams on Real Prop., Am. ed., p. 362, note. Harris v. Harlan, 14 Ind., p. 439.

J. N. Sims, for the appellant. P. P. Davidson, J. H. McDonald, and A. L. Boache, for the appellees.

An equitable lien for purchase money, once abandoned, fairly and voluntarily, is abandoned forever.

Subsequently, Mattix gave up and satisfied his mortgage, taking the individual note of one Weand, in lieu…