Ford v. Ford's

Opinion op the Court by

Judge Willis

Reversing.

M. B. Ford, Jr.,, has prosecuted an appeal from a judgment disallowing his defense to a note. The action was instituted by the executor of Mrs. M. B. Ford, Sr., to recover a balance claimed to be due upon the note and to enforce a vendor’s lien. It appears that the note was executed to Mrs. Ford as a part of the purchase price of her dower which she conveyed to M. B. Ford, Jr. The note recited that it was secured by a lien on land, but the deed contained no such provision. The petition alleged that by fraud or mistake the reservation of a lien was…