Cheswick v. Weaver

WALKER, Justice.

Plaintiffs sued to foreclose a judgment lien. After the judgment was abstracted, the judgment debtor bought the land in suit from Fortenberry, giving Fortenberry his note, payable in installments, for a part of the price and Fortenberry made him a general warranty deed to the land, which, however, reserved a vendor’s lien as security for the note. The debtor subsequently conveyed the land to -the defendant Weaver, subject to the lien, and- Weaver assumed the payment of the unpaid part of the note. Fortenberry had assigned thé note and lien to a bank in the meanwhile and Weaver…