Doe v. Woodward
Doe on the Demise of Morgan v. Woodward.—In error
Headnotes
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
THIS was an action of ejectment by the lessee of a mortgagee against the mortgagor, to recover possession of the mortgaged premises. The suit was commenced in 1847.
Plea, not guilty. The cause was submitted to -the Court, and judgment rendered for the defendant.
The mortgage, which was executed in 1839, does not contain an agreement that the mortgagee should have possession.
The only question is, whether the statute of 1843 on the subject applies to mortgages executed before its passage. This question has heretofore been decided in the affirmative. Grimes et al. v. Doe d. Shule, 8 Blackf. 371 .
The judgment is affirmed with costs.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 0 cases
No case in this database cites this case.