Lilly v. Francis

*386Opinion of the Court by

Wm. Rogers Clay, Commissioner

— Affirming.

Judge H. C. Lilly purchased the tract of land involved in this controversy in the case of H. C. Lilly v. Kelly Hogg. A deed was executed by Judge Lilly by the court’s commissioner and a writ of possession awarded him. Kelly Hogg conveyed the land in the year 1881 to Tilda Whittaker. She conveyed to Amburgy, and the latter conveyed to Samuel Francis. Charging that he and his vendors obtained title to the land before the institution of the suit of Lilly v. Hogg, and that neither he nor his vendors were parties to that action,…