Webb v. Moore

Elliott. J.

Suit by the appellee to set aside the sale of real estate mortgaged to the school fund of Fountain county.

The complaint alleges, in substance, that on the 12th day of August, 1846, Samuel Williams, then the owner thereof, mortgaged the north fourth of lot 154, on the old plat of the town of Covington, in Fountain county, together with

*5certain other lots in said town, to the State to secure seventy-live dollars, borrowed by Williams of the school fund of said county; that Moore, the plaintiff below, is, and since the 30th of October 1855 has been, the owner in fee of the undivided…