State Bank v. Potosi Tie & Lumber Co.

Mr. Presiding Justice Murphy

delivered the opinion of the court.

For some time prior to 1933 plaintiff, a banking corporation was the owner and holder of a mortgage lien on land in Monroe county owned by L. J. Cahill. Plaintiff foreclosed its mortgage and received a master’s deed which it filed for record in August, 1934. After plaintiff acquired its deed Cahill continued in possession as its tenant. Between October, 1936 and June, 1937 the defendant corporation, acting through its agent F. A. Reddick, assuming .Cahill to be the owner of the land and having the legal right to sell the standing…