Morehead v. Niven

Ed. F. McFaddin, Justice.

The question is whether the complaint stated a cause of action.

Some time prior to 1929, John Morehead, Sr. and Patsy Morehead, his wife, as owners of 160 acres in Jefferson County, mortgaged the land to Mosaic Templars, to secure a debt of $5,500, evidenced by a series of notes. In 1929, Mosaic Templars foreclosed the mortgage, and H. T. Perry purchased the land for $5,800. Thereupon, John Morehead, Sr. and Patsy Morehead, either voluntarily removed from the land or were evicted. Perry sold the land to D. B. and J. D. Niven in 1930; and in 1941, D. B. Niven conveyed…