Miller v. McDowell

The opinion of the court was delivered by

Greene, J. :

C. C. McDowell and John McDowell were brothers, and sons of Charles McDowell, who died possessed of two tracts of land containing 98 and *454160 acres, respectively. The 98-acre tract was encumbered by a mortgage to Chase county, upon which' ■$1000 was due at the time of the transactions hereinafter stated. On July 29, 1881, Charles McDowell borrowed from J. K. Carter $1000 with which to pay ■the Chase county mortgage, and secured Carter by a mortgage on the 160-acre tract: On April 3, 1883, ■Charles McDowell conveyed to John McDowell the…