Nims v. Sherman

This was a special proceeding before a circuit court commissioner to recover possession of lands. It was appealed to and tried in the circuit court where Sherman, who was complainant, recovered judgment. It is now brought to this court by writ of error on exceptions.

Sherman derives his title by deed from one Wheaton bearing date June 17, 1878. At this date Elms was in *47possession, and had been in possession, for a year and a half or thereabouts. It was shown on the trial and was not disputed, that Wheaton’s title was derived through the foreclosure of a mortgage in chancery, which was…