Givan v. Doe

— This was an action of ejectment, commenced against James L. Givan in August, 1841, for certain real estate in Hendricks county. Plea, not guilty. Verdict and judgment for the plaintiff.

The lessor’s title, on which the plaintiff relied, was a mortgage in fee on the premises, executed to the lessor by the defendant on the 30th of December ^ 1837, to secure a debt of 1,400 dollars, for which the defendant had executed his note to the lessor, payable five years after the date of the mortgage, with interest at the rate of eight per cent, per anwjim from the date. \

To defeat the suit, by showing…