Botham v. M'Intier

Shaw C. J.

delivered the opinion of the Court. The plaintiff claims title to the premises, on the ground that the estate was mortgaged by the tenant to Elijah M‘Intier, that the mortgagee, having obtained a general judgment upon his seisin, but not as mortgagee, entered under that judgment, and immediately gave notice to the mortgagor, that he would hold for condition broken, that three years elapsed from that time, by which the mortgage was foreclosed, and the estate became absolute in the mortgagee, and that the demandant levied his execution on the premises, as the property of Elijah…