Supreme Court of Alabama December 15, 1888 (Woodall v. Kelly & Co.)

SOMERVILLE, J.-

1. When the purchaser of land assumes, as part or whole of the purchase-money, a debt which his vendor owes to a third person, and gives his promissory note, payable to such third person, by mutual agreement of all parties concerned, the note continues to be a charge on the land as a vendor’s lien for unpaid purchase-money; and, unless waived, such lien may be enforced by the