Dutton v. Cotton

Lowe, 0. J.

On tbe 81st day of October, 1857, plaintiff and one Abbott purchased lot 6 in block 8, in tbe town of Shell Rock in the county of Butler, ata sheriff’s sale made in *409a summary proceeding to foreclose a mortgage under tbe first twelve sections of chapter 118 of the Code. A deed was taken from the sheriff and duly recorded.

Cotton was at the time, and continued to remain, in possession. Before the commencement of this suit, which was brought to recover the rents and profits of the premises thus purchased, Abbott assigned all his interest growing out of the use and occupation of the…