Campbell v. Moseby

Opinion of the Court, by

Judge Owsley.

ON the 17th of July 1810, Campbell executed an obligation, therein reciting that he had sold to Thomas Arthur a tract of land containing 185 acres, lying in the county of Christian, and binding himself to transfer the same, and guarantee the title thereof, to any person the said Arthur might direct.

Some time thereafter, Arthur purchased of Moseby a quantity of merchandize, and to secure the payment thereof, mortgaged to Moseby the 185 acre tract, together with various other tracts. Under the mortgage, *359and in a suit between Arthur and Moseby, the land was…