Johnson v. Beard

— This was an action in ejectment by Beard . against appellant. Plaintiff in ejectment suit claimed title under a deed executed to him by the assignee of a mortgage, Who forelosed the mortgage under a power of sale contained in it. Appellant, defendant in the ejectment suit, was the mortgagor. The grounds of defense were, first, that the transfer of the mortgage to the assignee contained no apt words of conveyance so as to carry the legal title; and, second, that the transfer of the mortgage to the assignee was without consideration, and made to defraud the creditors of the mortgagee.

Code,…