Folks v. Chesser

In this case the action was ejectment. The declaration was in the statutory form. The sole plea was not guilty. The plaintiffs sought to recover under the issue made by the declaration and plea of not guilty, by showing that a deed absolute in form had been made, executed and delivered to the defendant, which was in law and in fact a mortgage, because given to secure the payment of money. The Court permitted the plaintiff to make such proof. The verdict and judgment were against the defendants. The principal question raised by the writ of error is: “In an action of ejectment, where the sole…