Belcher v. Hunt

CLAY, Commissioner.

This action was brought by appellees to recover possession of two tracts of land from which they had been evicted, and to recover damages for their eviction. The Chancellor restored possession and allowed $600 damages.

In 1930 appellees owned three tracts of land, which we shall designate 1, 2 and 3. In that year they mortgaged tract 3. About a year later the mortgage as foreclosed, and judgment was entered by default. By mistake the description in the judgment included tracts 1 and 2, as well as 3. This judgment was not appealed.

In 1938 the purchaser at the judicial sale…