Mori v. Howard

Opinion op the Couet by

Judge CaRROll

Reversing.

The appellant brought snit against the appellee on a vendor’s lien note for $1,500.00, and to have his lien to secnre its payment enforced. The appellee admitted the execution of the note, bnt asserted a counter-claim for $400.00 on account of a deficit in. the number of acres of land npon which the note was a lien. In November, 1909, a judgment was taken in behalf of appellant for the nncontroverted part of the note, and a decree was entered enforcing the lien to secnre the payment of this $1,100.00. Under this decree the whole of the land was…