Palmer v. Bennett

STAYTON, Chief Justice.

An examination of this case shows that in the former disposition made of it the record was misunderstood, and the rehearing will be granted.

The action is on promissory notes given for land, and the controversy on this appeal is really as to the existence of a vendor’s lien to secure the notes. The court below sustained a demurrer to so much of the answer as attempted to set up facts to show that no vendor’s lien existed, and the correctness of that ruling is the question before us.

That answer shows that on August 2, 1884, William Meredith preempted the land, which was…