Gwin v. Biel

— This was an action by Josiah Gwin, against' John H. Biel and Cassius E. Merrill.

The complaint alleged, that on the 13th day of Novem*506ber, 1872, and continuously until the 19th day of July, 1874, the said Morrill was the owner in fee-simple, unless deprived of such ownership by the facts hereinafter stated, of a tract of land in Clark county, particularly describing it, of the value of at least $3,000; that’ on and after said 18th day of November, 1872, the said Merrill executed and delivered to one Jonathan Peters and others two mortgages on said tract'of land, to secure the payment of…