Kent v. Cantrall

Busk irk, T.

The action of the court below in overruling *453a demurrer to the complaint, and in sustaining one to the second and third paragraphs of the answer, presents for our decision the only questions arising in the record.

The material allegations in the complaint are, that in 1865, Kent had sold and by a warranty deed had conveyed to Cantrall certain described real estate; that at the time of such conveyance the lands so conveyed, with other lands owned by Kent, were encumbered by a mortgage executed in 1862 by Kent to John N. Drummond, in trust for the Toledo, Wabash, and Western Railway…