Moore's Lessee v. Pearce
General Court of Virginia
EJECTMENT for a piece or parcel of land, called Wharton Manor, distinguished by Lot No. 1, and Lot No. 2. lying in Kent county.
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EJECTMENT for a piece or parcel of land, called Wharton Manor, distinguished by Lot No. 1, and Lot No. 2. lying in Kent county. The suit was brought to April term, 1775. At September term, 1786, the Jury found by special verdict, that the defendant William Pearce was, on the 9th February, 1773, seised and possessed of the tract of land in question, and also of one third of a pew in Chester church, in the said county, and was also at the same time indebted unto the lessor of the plaintiff, John Moore, in the sum of 800/. current money. That the said defendant, being so seised and indebted, it…
1Opinion of the CourtHanson, J.
sat alone when the special verdict was argued, and delivered the following opinion:
In this case there are three plausible arguments on the side of the defendant.
First. That the deed, conveying the lands in question to the plaintiff, from the defendant, and the plain*239tiff’s bond to the defendant for reconveyance, must be taken together, to constitute a mortgage ; that the debt, for which this mortgage was given, has been extinguished since the commencement of the action, by the tender of principal, interest and costs ; and that after this extinction, the mortgagee can be considered in no other…
2Cited by2 opinions
- Patterson v. CrowtherCourt of Appeals of Maryland · 1889
- Oelrichs v. FordCourt of Appeals of Maryland · 1864