DeGraffenried v. Clark

The plaintiff in the present action sues in ejectment to recover a tract of land consisting of one hundred and sixty acres. Eighty acres of this tract lie in section seventeen, and eighty in section twenty of the same township and range, the two being contiguous. The dwelling, out-houses and appurtenances, claimed to be occupied by the owner, are situated on the eighty acre parcel in section twenty. The title claimed by the plaintiff is derived from two sources. The first is a mortgage executed by the defendant in February, 1873, *426to secure a debt created by bim in the same month and year. The…