Scott v. Scott

This is a partition suit. On September 19th, 1872, Conrad Winter, the then owner in fee-simple of the property in question, together with his wife, Margaret, executed and delivered a mortgage thereon to Jane Scott, to secure the payment of $3,000 in five years from that date. By means of various mesne conveyances, all of which were made subject to said mortgage, the property in question was ultimately acquired in 1878 by one Albert E. Frost. In the year 1880, and while said Frost was still the owner of said property, Jane Scott, the mortgagee, entered into possession thereof under and by…