Tranum v. Drum & Ezekiel

The abstract shows that the appellees sued in ejectment to recover certain lands. The defendant pleaded for plea No. 1, “that the suit -was brought by a mortgagee, or his assignee, and that before the commencement of the suit the mortgage debt was paid in full.” To this plea the plaintiff replied: (1) That the alleged mortgage had been foreclosed, and that the plaintiff relies upon the conveyance at such foreclosure for the title; and (2) that the said mortgage debt was not paid at the time of the foreclosure of the alleged mortgage, and was duly paid by the purchase price of the land at the…