Tarver v. Ellison

Jackson, Judge.

Ellison foreclosed a mortgage on certain lands in Calhoun county, and levied the mortgage^, fa. upon them ; a claim was interposed by Tarver, and Colquitt was made a party claimant also, Tarver having bought the land for him. The facts were submitted to the presiding judge without the intervention of a jury, for his decision, subject to be reviewed here. The court below held that the land was subject to the mortgage fi. fa., the claimant excepted, and the question is, was it subject under the facts agreed upon.

Those facts, in substance, are as follows: Before the foreclosure of…