Hemphill v. Davies

McKee, who held the possessory title to the lands in controversy, executed the note and mortgage in suit, and subsequently conveyed the lands to the defendant, and the defendant filed his declaratory statement with the Register of the proper land district for the purpose of pre-empting a part of said lands, and the Register issued to him the usual certificate of the filing of such declaratory statement. There are certain other facts in the case, among which are, that McKee executed a subsequent mortgage to the defendant; that he leased the premises to the plaintiffs; that, at the time of the…