Young v. Krell

The opinion of the Court was delivered by

Mr. Justice Stabler.

The facts in this case are set forth in the circuit decree, which will be reported, and from which the plaintiff has appealed. We are satisfied with Judge Grimball’s conclusion, but do not agree, in certain respects, with the reasoning by which it was reached.

The trial Court expressed, in paragraph 6 of the decree, a doubt as to whether “parol testimony is admissible in a suit of this kind, where the gist of the action is a direct attack upon the validity of a Referee’s deed growing out of a foreclosure suit,” but gave the plaintiff…