Wilson v. Fatout

Action by the appellant against the appellees. The complaint embraced two paragraphs. The first alleged, in substance, the following facts:

On April 29th, 1863, one Samuel Brown was the owner of certain real estate described in the complaint, and on that day he mortgaged the same to Henry August Hugo for purchase-money, and this mortgage was duly recorded.

"On September 1st, 1864, Brown conveyed and warranted the property to the appellees, Joshua L. and Moses K. Fatout.

On January 12th, 1865, the appellees sold the property to Isaac E. Johnson for the consideration of two thousand dollars then…