Combs v. Nelson

Bicknell, C. C.

— This was a suit by the appellee against the appellant and Julia, his wife, to foreclose a mortgage.

The complaint averred that the appellee, in 1872, bought land at a commissioner’s sale and paid for it and took a certificate of purchase; that in 1873 he assigned the certificate to *124Samuel Nelson; that in 1875 said Samuel Nelson was indebted to the appellee in the sum of $579.10; that to secure said indebtedness said Samuel surrendered and delivered to the appellee the said certificate, with an agreement that the appellee should take the commissioner’s deed thereon in his own…