Bear v. Cutler

The opinion of the court was delivered by

West, J.:

In 1887 the owner of the quarter -section of land in controversy, which was then vacant and unoccupied, mortgaged it for $850, and twenty-six days thereafter conveyed to the grantor of the defendants. In 1891 the land was sold under foreclosure to one-. Lincoln, who shortly thereafter conveyed to McRey-nolds, who in December, 19.05, conveyed tq-the plaintiff. No part of the mortgage has ever been paid by the mortgagor or fee owner of the land, and all taxes since-the foreclosure sale have been paid by the plaintiff or his grantors. In 1906 the…