Morrow v. Morgan

Gould, Associate Justice.

Thomas H. Morrow brought *307this action of trespass to try title, claiming 1,600 acres of land under a deed from S. E. Smith, of date August 8, 1870, and duly recorded January 23,1871. The defendants, Henry M. Morgan and others, claimed under a mortgage from S. E. Smith to Isaac McGary, of date February 8, 1861, duly recorded in May of that year, and as purchasers at a judicial sale, in March, 1874, under a decree of foreclosure, rendered in the District Court of Walker county December 2,1871, in a suit against the mortgagor, but to which Morrow was not a party.

The cause…