Bankers' Mortg. Co. v. Higgins

Having refrained on original disposition from maturing the individual conclusions now expressed into a dissent, partly at least to await the fuller light of a rehearing, after that aid, I am unable either to yield or longer withhold them; they are:

1. Annie C. Winston did not assign the legal title to the land to H. Masterson along with the transfer of the vendor's lien notes to him, hence, up until his purchase thereof under his own foreclosure sale on March 1, 1892, he had no title whatever thereto, his sole right then being that of a lienholder to have it sold in satisfaction of the…