Wright v. Wooters

Gould, Associate Justice.

This suit was comm enced and tried as an action of trespass to try title. The title on which the appellees, who were the plaintiffs, recovered, was under a pmchase at a sale, by virtue of a decree foreclosing a mortgage, in a suit by the plaintiffs against Daniel Dailey, as the mortgagee, and Wm. H. Cundiff, as surety. The evidence *382shows, that “long prior to the institution of the suit to foreclose, Dailey had conveyed the land in controversy, by deed, with covenants of warranty, duly recorded, to Texana P. Hays, who went into possession and made valuable improvements…