Ellison v. Iler

It appears that, in 1867, the plaintiff, being the holder and owner of a draft executed by one Ilemler, for the price of land, and secured by mortgage and vendor’s privilege, brought suit thereon, and obtained a personal judgment for the amount, with interest and costs, and also for the recognition of his mortgage and vendor’s privilege upon — not the land affected thereby, but, by an error in description, an entirely different tract.

In January, 1868, the defendants now before us purchased, at sheriff’s sale, the tract really covered by the mortgage and privilege. In November, 1869, the…