Capell v. Moses

The opinion of the court was delivered by

Mr. Justice Pope.

The plaintiffs brought their action in the Court of Common Pleas for Sumter County, in this State, against Altamont Moses, as defendant, for the partition amongst plaintiffs and defendant, of a tract of land of 60 acres, situated in said county. By one paragraph (5) of the complaint, it is alleged *560that the defendant was the purchaser of a certain interest in said land at a foreclosure sale made under the decree of the Court of Equity. The defendant denied all the paragraphs of the complaint, except that just mentioned. By operation of…