Henderson v. Hicks

Morrison, C. J.:

This suit is founded on an agreement executed by the defendant Adolph Pfister to defendant Thomas P. B. Hicks, bearing date October 22d, 1867, by the terms of which Pfister agrees to convey to Hicks certain lands (the lands in controversy), upon the payment by the latter to the former of the sum of one thousand and fifty-three dollars and thirty-five cents within one year from the date of said agreement. Hicks mortgaged the lands mentioned in the agreement to one William H. Henderson; the morgtage debt was not paid, a foreclosure occurred, the mortgagee became the purchaser,…