Von Arx v. Boone

(after stating the facts as above).

Error is assigned to the ruling of the court below that the proceedings in cause 667A were valid as against Smallwood, and that the decree therein and proceedings thereunder divested Smallwood of title to the property in controversy.

*757As the plaintiff could recover in ejectment only upon proof of title or right of possession in him, it was incumbent upon him to show not only that he received a conveyance from Smallwood, but that at the date of such conveyance Smallwood’s interest in the property had not been divested by the decree of foreclosure rendered…