Peet v. Beers

Peet recovered judgment at law in the Nolle Circuit Court against one Nimmons. At the time of the recovery, Nimmons owned no real estate. He subsequently purchased a tract of land in Nolle county, paid part of the purchase-money, received a deed, and simultaneously therewith executed to the vendor a mortgage on the premises to secure the residue. The Peet judgment still remained unpaid at the date of the purchase.

Nimmons then sold the land to Beers, who assumed the payment of the mortgage as one part of the consideration; the residue he paid at the time of the purchase. Beers, in ignorance,…