87 So. 325 | Ala. | 1920
The main contention of the appellant in this case is that the recital in the deed from the appellee, by her attorney in fact, to the appellant J. L. Reagan, to wit, "Paid by giving seven notes due November 15, 1911, and each year thereafter" operated as a waiver of the vendor's lien upon the theory that it shows a novation, that is, that the notes were not given as evidence of or security for the debt, but as a substitute, under the authority of Walton v. Young,
The case of Walton v. Young,
The judgment of the circuit court is affirmed.
Affirmed.
SAYRE, GARDNER, and BROWN, JJ., concur.