Simpson v. Busch-Everett Co.

O’NIELL, J. This is a petitory action to recover an undivided half of certain land acquired by the defendant through mesne conveyances from T. M. Vaughan, and a hypothecary action to enforce a legal mortgage on the other undivided half of the property. The case is a counterpart of that of Thomas B. Simpson v. Mary E. Bulkley, No. 20507, 73 South. 691 , 1 decided this day, except that, in the latter case, the plaintiff also asserted and maintained a hypothecary action against other property not acquired from the common author, Vaughan. The judgment in the case before us rejected the plaintiff’s demands for the reasons assigned in the- case of Thomas B. Simpson v. Mary E. Bulkley, No. 20507, decided this day, The judgment appealed from is affirmed. Ante, p. 589.