Summit v. Ellett

Bicknell, C. C.

— This was a suit for partition. The first paragraph of the complaint was dismissed. The second para*228graph averred that the plaintiff, on the 8th of February, 1877, had a wife living and owned the land in controversy; that, on said day, he, by a mortgage, in which his wife did not join, conveyed the land to the defendant; that afterwards said mortgage was foreclosed against the plaintiff only; that at the foreclosure sale, on the 10th of August, 1878, the defendant became the purchaser of the land, and has since received the sheriff’s deed therefor; that before the expiration of…