Page:Federal Reporter, 1st Series, Volume 8.djvu/749

M BANB V. WILSON. ���735 ���tioned, Carrier and Jackson were cutting timber from SSid lands and account- ing to Metzger for his share. Henry Metzger lived in the oifey of Pittsburgh, and never was onsaid land, except on threeor four occasions, in the course of said iumbering business, when he visited the lands arid'was there diuring a few days. He never took or held visible or actual possession of saild- land otherwise than as stated in this flnding. �(4) On the seventeenth of May, 1873, Andrew Y. Baum obtained a judg- ment in the court of eommon pleas of Allegheny county, Pennsylvania, against" the said Henry Metzger, for the sum of $4,454.02, which judgment Vraa duly transferred to the court, of cpmmon pleas of CTefEerson coiiuty, Penn- sylvania, by flling therein, on May 21, 1873, a certifled copy of the record; and on the fifteenth day of December, 1875, by virtue of an' execution issued from the court of eommon pleas of JefEerson county on Said judgment, the sherifE of JefEerson county sold all' the right, title, and Interest of the said Heniy Metzger jn and to the land, in controversy to. George W. Wilson, one of^the defendants, and sutisequently executed to him ,a deed therefor, which was duly acknowledged September 21, 1876. The defendants are in possession, and hold under thjs deed. , �(5) By a deed bearing date June 12, 1873, and duly exeCuted, acknowledged, and deliVered'On the sixteenth day of June, 1873, the said Jafce Hill sold and ccttiveyed the land in controversy to Alexander Smith for the consideration of $15,000, wjijcb said Smith then paid to said Hill in cash. iliis deed was recordediu JefEerson county, Pennsylvania, on the eighthday of September, 1874, ia Deed Book, vol. 29, p. 260. , :■ �(6) At the time the said Alexander Smith bougiit and paid for said land and received his deed therefor, he did not know of the prier deed from Jake Hill to Henry Metzger, nor had he ariy knowledge that said Metzger had any title to said land. �(7) Said Srtiith had knowledge that Metzger >?« operating said land, but not how ; and bef ore he closed his bargain' with Hill for s^id purchase^ he (Smith) inquired of said Henry Metzger and was told by him that he had no interest in said land, nor any objection to his (Smith's) buying the same. �(8) Andrew P. Baum, the plaintifiE in the above-mentioued judgment, asked said Alexander Smith to buy said land from Hill, and encouraged him to do 80, — stating to Smith that the title was elear,— and he {Baum) was present when Smith paid his purchase money. �(9) The said Alexander Smith was a ionaflde purchaser for a valufible con- sideration of the land in controversy, without notice that the said Henry Metz- ger had, or claimed to have, any title, interest, estate, or claim in or to the same, and without notice that said Andrew P. Baum had, or claimed to have, any lien against the same. �(10) Immediately after his said purchase said Alexander Smith entered into an arrangement with his co-tenant, S. S.Jackson, to eut timber upon said tracts of land and account to him (Smith) for his share, and this arrangement was carried ont. After Smith's purchase Henry Metzger had no connection whatever with said land. �(11) By deed dated and acknowledged February 20, 1875i the said Alex- ander Smith sold and conveyed the land in controvetsy tdthe plaintift, Dun- ��� �