Christy v. Bedell

The opinion of the court was delivered by

Milton, Ju:

L. M. Bedell, the original defendant in this action, purchased a tract of land in Elk county at sheriff’s sale, which was made in a foreclosure action brought by J. Curtis Smith, mortgagee, against Jackson Cunningham and Jemima Cunningham, mortgagors. Shortly before the confirmation of the sale Bedell conveyed the land by a deed of warranty containing covenants of seizin and for quiet enjoyment to Cyrus Christy, the plaintiff herein. The proceedings in the case were all apparently regular. The mortgagors being in possession of the land,…