Dunnington v. Elston

Elston commenced a suit in ejectment in the Montgomery Circuit Court against Piggott, to recover certain lands which he claimed under a deed made in pursuance of a decree of foreclosure against Piggott and wife.

On the facts found, the circuit court stated its conclusions of law and rendered judgment in favor of Piggott. Shortly after the rendition of this judgment, Dunnington purchased the land, and took a conveyance, from Piggott. Subsequently, and within a year from the rendition of the judgment, Elston appealed the case to this court, where, upon the facts found by the court below, it was…