Bailey v. Bond

FOSTER, Justice.

This is a suit in equity by appellant and the controversy is with Dr. L. T. Hutto, or now his legatee and executrix, he having died pending the suit.

The equity of the bill is a sale of land for division. Dr. Hutto claimed to own it in its entirety, and that question was decided in his favor by the trial court. The essential facts are without dispute.

On December 4, 1890, the land was owned by Ausborn Jones, when he and his wife, M. A. R. Jones, executed a mortgage to one A. D. Wood. On December 16, 1897, that mortgage was foreclosed and Robert Newman became the purchaser and…