Kirkwood v. Hoxie

The complainant purchased the premises in controversy at administrator’s sale, taking the usual .administrator’s deed. The license from the probate court upon which the sale was made directed that the property' be sold “ subject to all incumbrances, by mortgage or otherwise, existing at the time of the death of the -deceased,” John T. Atkinson. The report of sale shows that the complainant bought the property on September 10, 1889, for $25, “subject to all liens and incumbrances.” At this time the defendants claimed to have a lien upon the premises, and the inference from the proof is strong…