Williams v. Thames Loan & Trust Co.

Elliott, J. —

On the 6th day of February, 1867, the party through whom the appellant claims title, bought the real estate in controversy at a tax sale made by the treasurer of the *421city of Indianapolis. A certificate of sale was issued by the treasurer, and, on- the 16th day of April, 1869, a deed was executed to the purchaser. This deed was never recorded. On the 13th day of August, 1875, the appellee loaned to the owner of the real estate a large sum of money and took a mortgage to secure its payment. This mortgage was foreclosed in March, 1879, the real estate was sold to the appellee upon…