Kissel v. Eaton

This was an action by the appellant, against the appellee, for the partition of certain land described in the complaiut, the plaintiff claiming to be the owner of one-third thereof.

The defendant answered, alleging, among other thingsthe following facts:

That, on the. 19th of October, 1872, the real estate described in the complaint was owned by one Hayden P. Anderson, who, with his wife, on that day mortgaged and warranted the property to Paul Espy, for the purpose of securing the payment of a note of even date therewith, for the sum of five thousand dollars, payable October 20th, 1873. The…