Supreme Court of Iowa April 8, 1871 (Mallory v. Luscombe)

Miller, J.

— In tbe answer of tbe defendant, John Brown, it is alleged that John Luscombe, Sr., was tbe true owner of tbe mortgaged premises; that tbe mortgagor, John Luscombe, Jr., never bad any right, title or interest .whatever in tbe land, nor was bis act in mortgaging the same ever ratified by tbe real owner; that Brown pur*270chased the land from the father and real owner.