Austin v. Dean

Austin, as grantee of the heirs of Benjamin F. Bush deceased, brought this suit to establish a trust in certain lands in Kent county, entered by Bush at the State land office in 1865, and patented to Knapp as alleged assignee of the certificate, July 19, 1871.

Knapp conveyed to Dean January 16, 1877, having previously, November 15, 1872, mortgaged the land to Joel A. Simonds for $2,000, of which $1,000 remains unpaid. Dean on the 8th of February, 1877, mortgaged to Briggs for $500.

Knapp’s assignment on which he got out the patent *388was obtained through a series of mesne assignments purporting to…