Johnson v. Cornett

This case turns upon the question whether the quit-claim deed from Shook and wife to ■Cornett, passed *60any estate to the latter. It is clear to a majority of the court that the estate of the mortgagee, in the mortgaged premises, cannot be set up as an outstanding title to defeat the mortgagor. We think it is correctly stated by Mr. Hilliard, in his work on mortgages, that “ the rule, that a plaintiff in ejectment cannot recover premises, the title to which is in a third person, does not apply where the outstanding title is a mortgage.” 1 Hill, on Mort. 145.

Chancellor Kent, in his Commentaries,…