Lindsey v. Thornton

BOULDIN, Justice.

Bill to enforce vendor’s lien on real estate.

The chief defenses were waiver of the lien and laches.

December 23, 1918, Peter Shortnacy sold and conveyed to John Thornton a tract of land in Etowah county. The consideration was $4,000, $2,000 paid cash, and $2,-000 evidenced by two promissory notes for $1,000 each, dated December 23, 1918, one due January 1, 1920, and the other January I, 1921, with interest at 8 per cent, from date. These notes were payable to the vendor, Peter Shortnacy, and signed by the vendee, John Thornton, and R. L. Lindsey, a surety.

On the same date the…