Tierney v. Spiva

This was a suit to redeem certain land from a mortgage alleged to have been executed by the ancestor of the plaintiff, under which, as assignee thereof, it was averred that the defendant held possession of said premises. The defendant, in his answer, denied that he held possession of the premises described in the petition as assignee of the mortgage executed by plaintiff’s ancestor} and averred that he entered into and held possession of the same as owner thereof under and by virtue of a warranty *280deed from one Grigsby, and he also denied the title of the plaintiff. The mortgage mentioned was…