McCowan v. Brooks

Brooks brought a common-law action of ejectment .against McCowan. Bower and Donalson were, on their own motion, made parties defendant. By an amendment to the petition the real plaintiff set up certain equitable claims against Bower and Donalson. The trial resulted in a “ judgment of the court, ordering the land to be sold, and giving the plaintiff a first and superior lien on the proceeds, to the extent of his debt against McCowan.” The evidence disclosed the following state of facts: Cox sold to McCowan the tract of land in controversy, upon credit, giving to 'him a bond for title. On…