Curren v. Driver

In February, 1854, the appellee and her husband mortgaged a piece of land to the State for the use of a congressional township, at which time neither had any title to it. In May, 1856, the husband of the appellee acquired a title in fee simple to the land. In 1858, the mortgage was foreclosed on default, neither of the defendants appearing to the suit. The land was sold on the decree to one Wyatt, who conveyed it to the appellant. In 1864, appellee’s husband died, leaving her his widow. In 1868, this suit was brought by the appellee for partition of the land, claiming one-third of it as such…