Mersfelder v. Spring

SMITH, C.

The suit was brought to recover possession of land described in the complaint. The only defense set up rests upon a denial of plaintiff’s ownership. The judgment was for the plaintiff. The appeal is from an order denying the defendant’s motion for anew trial.

The land in question was formerly the property of one Westphal, who, with his wife, conveyed the same to the defendant by deed of date March 27, 1899. The consideration for the'deed was the sum of $4,700, evidenced by three notes, —payable, $1,000, May 11, 1899; $1,300, July 1, 1899; $2,400, April 1, 1900; and was secured by a…