Smith v. Owenton-Ensley Highlands Land Co.

This appeal does not question the sufficiency of the original bill, which is one to enforce a mortgage or vendor’s lien on the property and to determine whether or not it is superior to a title claimed by the respondents, but involves only the sufficiency of the respondents’ cross-bill.

The cross-bill relies upon a deed from R. A. Davis and wife to the appellants, dated December 23, 1926, and recorded December 2S, 1926. At that time the record title was in the appellee and so remained until it executed a deed to Davis December 31, 1926, some days after the execution and recorda tion of…