Barlow v. Standford

Both parties concede the title to the lands in controversy was in Enoch Willhite, in his lifetime. This bill is for the partition of the estate. Complainants, who are the heirs and grantees of heirs of Enoch Willhite, deceased, claim that he died seized of the lands, and that the title was in him; having come to them, they are endeavoring to maintain it. While, on the other hand, defendants insist they own the lands by a title acquired under a mortgage executed by Willhite in his lifetime upon them, in the year 1839, to secure a debt to the school fund.

In 1844, the mortgagees, by bill in the…