Wildman v. Means

Statutory action of ejectment by appellee against appellant. The parties trace title through a common source, Jerry Wildman. Plaintiff (appellee) deraigned title-through an instrument, in form a mortgage, executed by Jerry Wildman September 12, 1S90, and containing full covenants of warranty. Defendant claimed as son and heir at law. The merits of these respective claims depend upon the validity and effect of the mortgage and a deed to plaintiff from the mortgagee, who purchased at a foreclosure under the power conferred by the mortgage.

The fundamental objection to plaintiff’s title is that,…