Otto

This is an action to quiet title to some three hundred and twenty acres of land. The principal defense is made by the defendant John T. Long, as administrator of the estate of Allen Wood, deceased. The other defendants claim only as devisees .under the will of the said Allen Wood. Judgment was given for the plaintiff, and the appeal was taken from the judgment within sixty days after its rendition, the evidence being brought up in a bill of exceptions.

The plaintiff claims title by virtue of a sale and deed to him under a decree foreclosing a mortgage on the land, executed to the plaintiff December 1, 1893, by the defendant Mary Wood, widow of said Allen Wood, and by Mary E. Long, daughter of said Allen Wood, and her husband. Allen Wood died testate on August 1, 1890, and both Mary Wood and Mary E. Long were interested in the land as devisees named in his will. It is obvious that, if.at the time this mortgage was executed, the title to the land therein described was in either of the mortgagors, it would now be vested in the plaintiff under the foreclosure sale. The appellants claim that the land was a part of the assets of. the estate of Allen Wood at that time, and, hence, that…