Davis v. Willson

Cask 77 — Action by A. E. Willson against W. Y. Davis, Jr., an» Others to Recover on a Note and Enforce a Mortgage Lien— APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Plaintiff and Dee'endant, W. Y. Davis. Jr., and Plaintiff Appeal. POINTS AND AUTHORITIES. 1. The -mortgage sued on by appellee in this case is Cham-pertous and void, for the reason that at the time it w-as executed by Mrs. 'Caldwell, the mortgagor, W. Y. Daivis, the ancestor of the appellants, was in adverse possession of the property mortgaged, claiming it as his own adversely to- all the world. In fact,…