Newborn v. Peart

Plaintiff has a verdict against defendant in ejectment. His title is derived from a deed (plain warranty) from defendant, who occupied the premises when the deed was given and has ever since. The answer sets up a general denial, and as a separate defense alleges that on June 27, 1919, plaintiff held a $3,000 mortgage on the premises in question and $2,000 in notes made by defendant’s father, and that defendant executed and delivered the deed in question for the purpose of better securing the payment of this indebtedness, and any future advance to be made by plaintiff to defendant; that in…