Moore v. Swift

GILL, Associate Justice.

Luther Swift, plaintiff below, brought this suit against the defendant for partition of 60 acres of land fully described in his petition, averring that he owned an undivided half interest therein, the defendants owning the other half.

Defendants answered by general denial and allegations that the deed from one Byrd to Swift’s vendor was in fact a mortgage and that Swift had notice thereof. Defendants by cross-bill brought into the controversy another tract containing 65 acres which they alleged was owned by them and claimed by Swift and for which they prayed judgment.…