Berthold v. Fox

Wilson, Cb. J.

By the Court Tbis case comes before us on an appeal from an order denying tbe plaintiff a new trial., Great stress is laid by tbe appellant on tbe alleged fact “ that at tbe time the mortgage was executed and delivered, tbe possession of tbe land described in said inortgage-was *505actually delivered to the mortgagee, (who assigned to the plaintiff,) and remained in him and his assignee, the plaintiff, as in the complaint set forth.” The complaint on this point alleges that on the 16th day of June, 1858, the owner of the land conveyed it to Amedee Berthold, under whom the plaintiff…