Mason v. Ainsworth

Both parties claim title to the land in controversy, from Darius L. Ball. In August, 1854, Ball and wife conveyed the premises by warranty deed to Reuben Hankinson, and on the 6th day of November, 1858, Hankinson and wife, by warranty deed, conveyed the same premises to the appellant.

The appellee relies on a title derived under a mortgage executed by Ball and wife to Alonson Reed, on the 14th day of December, 1853. This mortgage was given to secure an indebtedness of $110, due from the mortgagor to the mortgagee, but it does not appear that the indebtedness was evidenced by any note or bond,…