Butler v. Smith

The subject matter of litigation in this suit is 640 acres of land in Knox county. Both parties claim title. When Clement L. Boon was the undisputed owner, he conveyed the land and 160 acres more to Ellis W. Wall January 1, 1890. Eight days, later the grantee and his wife mortgaged the entire tract of 800 acres to Pierce, Wright & Company for $2,850, and by deed, dated January 11, 1890, reconveyed it to Boon, subject to the incumbrance thus created. Boon did not pay the taxes, interest, or the mortgage, but left the state a year or two later, and never returned. September 28, 1903, Boon…