Jenkins v. Conn (256 S.W.2d 221, 1953)

R. L. MURRAY, Justice.

This is an appeal from a judgment in a trespass to try title, suit in the district court of Newton County, in favor of appellees Janie-C. Conn et al. and against appellants Cleburn Jenkins, Jr., ¡ et al. Appellees, brought the suit for recovery of the .title and possession of the land involved, and in the alternative sued for the amount of the note given by the appellants, for .the purchase price, together with foreclosure of the vendor’s lien reserved to secure pay-, ment of such note. Appellants answered ¡by general denial, plea of not guilty, plea ■of ten years limitation as to the land, and a plea of four years limitation as to the mote. By trial amendment filed at the outset of the trial, appellants pleaded in the •alternative that if the note executed by them was not barred by limitation, then the full amount due on the note was tendered in payment thereof and such amount of money was paid into the registry of the court. Trial was to the court without a jury and judgment was rendered for the appellees for title and possession of the land. Appellants have duly perfected their appeal.

S. B. Conn conveyed the 112 acres of land in suit to the appellants by deed dated September 26, 1932, (reserving one-half of the minerals), and in the deed the following is recited as the consideration:

“For and in consideration of the sum of eleven hundred and twenty dollars ($1120.-00), to me paid, and secured to be paid, by. Cleburn Jenkins, Jr., Earnest Jenkins and Eugene Jenkins, as follows: For a cash consideration that said Cleburn Jenkins, Jr., Earnest Jenkins, and Eugene Jenkins, will clear, fence and put in cultivation in the year 1933, twenty acres of land on the hereinafter described survey. One promissory, vendor’s lien note for eleven hundred dollars, payable in yearly instalments of one hundred dollars each, first instalment being due and payable September 26th, 1933, and ■one instalment to become due and payable