Alvis v. Morrison

One party claims title to the land in controversy as the grantee of the purchaser at a sheriff’s sale, had by virtue of an execution issued upon a judgment rendered upon the foreclosure of a mortgage by scire facias, in pursuance of the statute. The record of the mortgage was burned before foreclosure, but the mortgage was preserved.

The other party claims title as a purchaser subsequent to the destruction of the record.

There was, upon the mortgage, the usual indorsement that it had been filed and recorded, which was signed by the recorder. There were also preserved from the wreck of the fire…