Ashcroft v. Stephens

COLLARD,

Associate Justice.—The judgment of the lower court must be reversed.

The suit was brought by R. B. Stephens against appellant, E. J. Ashcroft, for balance due on two promissory notes, each for $608.33, and to foreclose vendor’s lien on 157 acres of land, for part payment of the purchase of which tlie notes were given. The notes were executed by E. J. Ashcroft to R. B. and P. H. Stephens, and the deed was executed by them and their wives to Ashcroft, dated November 39, 1886, containing a general warrranty of title. The land was sold by the acre at $15 per acre. Other persons holding by…