Chappell v. Frick Co.

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

Wilson Chappell executed to the Frick Company six promissory notes. To secure their payment he and his wife executed a mortgage covering certain personal property and a tract of land containing about 250 acres. The Frick Company brought suit against the Chappells to recover on the notes and to enforce the mortgage lien. The deed under which the- Chappells held title contained the following provision: “The party of the seeond part is not to sell nor convey this land to any one, except the heirs of the party of the first part.”…