Todd v. Davis

MabstoN, J:

The action in this case was ejectment. The cause was tried by the court, who found that the father of defendant in error, who was plaintiff in the court below, was the original owner of the premises in question; that in July, 1836, he conveyed the premises to one Lackor, who on the same day mortgaged them back to secure payment of the purchase money; that default having been made in the payment of this mortgage, Davis, the mortgagee, proceeded to foreclose the same, and afterwards entered into possession of the premises “both as mortgagee and purchaser;” that defendant in error had…