
    Stevens v. Hurt and Another.
    
      A judgment directing the sale of real estate on a vendor’s lien, in the-first instance, unless the vendee has no personal property out of which the judgment might he made, is erroneous.
    APPEAL from the Boone Common Fleas.
    
      O. S. Hamilton, for the appellant.
    
      A. J. Boone, for the appellees.
   Hanna, J.

Suit on a note, and to foreclose a mortgage; and, also, on a note which was not secured by said mortgage, but which, it is averred, was given for a part of the consideration money of the said land mortgaged. There was a judgment for the amount of both notes, and that the equity of redemption be foreclosed, and the land sold to satisfy said judgment. There was no averment of insolvency, or a want of other property, &c. See Scott v. Crawford, 12 Ind. 410.

Per Guriam. — The judgment was erroneous, as to the amount of the note not included in the mortgage; and, therefore, so much of it is reversed. In all other respects, the judgment is affirmed, at appellees’ costs.  