Heim v. Ellis

The bill in this case is filed to remove from the title to land owned by complainants the cloud of a mortgage which defendant is seeking to foreclose.

The material facts in the case are the following : March 7, 1859, James Wilkinson and Thomas Wilkinson were owners of the lands in question, and also of others. They sold another parcel to one Gates, and either by mistake or by fraud the deed they gave was made to include the land now owned by complainants. Gates fraudulently quitclaimed this last parcel to Francis R. Gorton, in November, 1859, and Gorton in May, 1860, quitclaimed to Jerome…