Page:Federal Reporter, 1st Series, Volume 1.djvu/308

300 FEDERAL REPORTER. 'Brooks land.' I intended to mortgage the balance of the Brooks land, as stated above, not included in the levy of the sheriff, for the debt owing to the Farmers' Bank. I considered that the entire possession was to be understood as the land conveyed to me by the Brooks heirs, and called it all the Brooks land. I knew, at the time the mortgage was given, that the land had been conveyed to me by different parties and different deeds, but don't know what the mortgagees knew about it. Mr. H. P. Tarner was my attorney, and I think understood the title to the land, as he platted the whole tract from a survey made in 1862, I think. He may have been Allen's or Hall's attorney; I don't know it. He did not prepare the mortgage."

Question. "Did you tell Turner, in any of these conversations, that a part of your land had been conveyed by other parties than the Brooks; did he know that a part of it had been conveyed by Carson?" Answer. "Yes, sir; he knew that a part of the land was conveyed by the Carson heirs, before he purchased. I think I explained to him all the facts in relation to the land; the title, the mortgages as they are now understood. I know I talked with his father about the mortgage, and the sale to the bank. I think Turner understood it. I think I told him, before Turner bought the mortgage, that it was intended to cover 100 acres of the entire land I owned on the Ohio river."

Q. "After the sale to the bank of said land, and the deed made on the twenty-first of September, 1877, by the sheriff to the bank, of said land, did you claim the said land or hold it adverse to said bank?" A. "Only so far as the land exceeded the amount; the number of acres levied upon by the sheriff, and sold by him."

Marshal, one of the complainants, testifies: When we bought the land, I thought there was only one tract known as the Brooks tract, but there was 100 acres more in the tract than we bought, and one Hall had a mortgage on the same. We were advised by Turner to see Hall and purchase his mortgage, in order to get the entire tract, and we did see Hall, and purchased the mortgage from him. The part of