Foreclosure of Mortgage — Evidence — Judgment Setting aside Conveyance to Mortgagor — Res Adjudicata — Parties — Proof of Title. — In an action to foreclose a mortgage, where it appears that the defendant conveyed the land to one who reconveyed to the mortgagor, a judgment in favor of defendant, to which the mortgagee was not a party, declaring fraudulent and setting aside both conveyances, is nob admissible in evidence to show fraud as against the mortgagee, who is not bound by the judgment in any way; and although such judgment is competent to prove title in the defendant at and from the time the judgment was rendered, yet if the plaintiff admits defendant’s title from that date, the exclusion of the judgment is not erroneous.

Id. —Fraud — Notice to Mortgagee — Pleading.—As against such mortgagee, it is necessary for the defendant to allege and prove that the conveyances were fraudulent, and that the mortgagee had knowledge of that fact, or sufficient information to put him upon inquiry; and if the fraud is neither alleged nor proved, no question can arise as against the mortgagee.

Id.—Deed Procured by Fraud—Title—Bona Fide Mortgagee—Judgment Divesting Title of Mortgagor — Lien of Mortgage. — A deed procured by fraud conveys the legal title, and a mortgage taken from one to whom the grantee has fraudulently deeded the land is a valid lien upon the land as against the original grantor claiming title to the laud under a judgment subsequently recovered, declaring the conveyances void for fraud, if the mortgagee had no notice of the fraud, and was not a party or privy to the judgment, and such judgment could not affect the lien of the mortgagee.

Appeal — Presumption against Error — Instructions. — Error must be affirmatively shown by the appellant; and where it does not appear in the record on appeal that instructions given to the jury may not have included the propositions contained in those refused, the presumption is that the instructions given correctly and fully charged the jury as to the law of the case.

Id.—Instructions in Equity Case — Review on Appeal — Findings.— Where special issues are submitted to the jury in an equity case, and the court adopts the findings of the jury and finds on all of the issues, error in giving or refusing instructions is immaterial, as the correctness of the findings may he tested by the evidence, and if erroneous conclusions are drawn from them the question may he presented on appeal.