Ogburn v. Whitlow

HENRY, Associate Justice.

This suit was brought by appellee upon promissory notes executed by the appellant and to enforce a vendor’s lien.

The defendant answered admitting the execution of the notes and that they were given for part of the purchase money of the land described in plaintiff’s petition. The defendant further pleaded that plaintiff made to him a deed for the land with general warranty and expressly reserving a vendor’s lien; that after the delivery of the deed and before the notes matured defendant, through the aid of counsel employed by him to examine the title, discovered that…