Burgess v. Fairbanks

— This is an action to enforce a vendor’s lien for balance of unpaid purchase-money. Judgment was for plaintiff, and defendants appeal from the judgment on the judgment roll alone.

The complaint is sufficient. It avers clearly enough that plaintiff sold the land to the defendant George E. White for $4,150; that of said purchase-money said White paid plaintiff $2,400, and also, according to the terms of *216the sale, paid to one McMurray $1,025, due on a mortgage on the land, and that the balance, $750, with interest, is due and unpaid; that at the time of the sale, for reasons known to the said…