Guiteau v. Wisely

This was an action of ejectment, in the ¡Randolph Circuit Court, brought by Benjamin F. Guiteau against James L. Wisely, and tried by the court without a jury, on the following facts:

The plaintiff was, on the 30th of March, 1869, owner of the land in question, and on that day sold it to James McDill, by warranty deed, which was recorded June 1st, 1860, and to secure payment of $430, due him for purchase money, took back from McDill, on the same day, a mortgage, which was not recorded until Feb. 7th, 1861. At September term, 1860, of the ¡Randolph Circuit Court, J. & ¡R. Stevenson, for the use…