Goshert v. Wirth

The appellant claims that his action was to set aside a judicial sale of real estate claimed by him to be void, or, in the alternative, for damages for trespass on property. The respondent contends that the nature of the action is one to remove a cloud *15from appellant’s alleged title to real estate, and to recover damages for failure to properly sell certain shares of capital stock.

Some years ago, the respondent Catherine Wirth owned a promissory note given her hy one Cray. This note was originally secured by a mortgage upon certain real estate which subsequently was transferred to a man by…