Newborn v. Peart

In this action of ejectment the complaint is in the usual form. It alleges that the plaintiff is the owner in fee of the premises described by virtue of a deed from the defendant to the plaintiff. The answer admits the execution and delivery of the deed, but alleges that it was given as and intended to be a mortgage to secure the payment of an indebtedness and for money loaned and to be loaned by the plaintiff to the defendant. That was practically the only issue litigated upon the trial. A close question of fact was presented, the decision of which is not entirely free from doubt.

The learned…