Carter v. Prior

Philips, C.

This is an action of ejectment to recover possession of sixty-one acres of land in St. Charles county. The defendant, Prior, being the tenant of John B. Allen, the latter was admitted to defend as the real party in interest.

From Allen’s answer it appears that in 1868 he conveyed forty acres of this land to one Cone, who executed *223to Allen four notes and a deed of trust on the forty acres. Cone quit the country, abandoning the contract, and Allen entered into an arrangement with one Lobeck, by which, in case Allen became the purchaser of the forty acres at the anticipated trustee’s…