Dougherty v. Kercheval

The Chief Justice

delivered the opinion of the court.

This was an action cf ejectment. Sundry persons were admitted defendants for distinct parcels of land claimed by the lessors of the plaintiff, for all of whom a verdict and judgment were given, except Dougherty, who prosecutes this appeal:

4mortgagor cannot maintain an eject-me"* *f U‘e is unpaid. Afomanc/'of the condition a. mort* ^he 'con-ditfon, as it relates to a ⅛ presumed ve been performed, ^ranf toshew the contrary, Bibb for plaintiff in erro;.

■The point which we deem most material to be. noticed, is, whether the court below erred in…