Westfall v. Stark

The appellee insists that the motion in arrest was properly sustained, because a copy of the title bonds from Ernest to Simpson Stark, and from Simpson Stark to Wilson Stark, were not filed with the complaint. These bonds, he insists, are, in part, the foundation of the suit. This position is, in our opinion, correct. The claim of appellant is that he is equitably invested with the title held by Wilson Stark, by virtue of the mortgage executed to him by said Wilson, and the foreclosure of the same, and sale and conveyance of the property to him by the sheriff. It would then rest upon the…