Wixon v. Wixon

Mr. Justice Allen,

sitting for Mr. Chief Justice Teller, delivered the opinion of the court.

On February 21, 1921, S. D. Wixon was the owner in fee of the northwest quarter of section 4, township 11, range 52, in Logan county. On that date he sold the land to A. J. Wixon, taking back a purchase money mortgage in the sum of $4,000. The mortgage instrument, by mistake, described the land as being in section 7, instead of section 4. With such incorrect description, it was recorded on March 19, 1921.

In January, 1922, The Divide.Lumber & Coal Company obtained a judgment against the grantee of the…