
    GENERAL COURT,
    OCTOBER TERM, 1795.
    Samuel Paxon’s Lessee against John Paul.
    THIS was an ejectment for two tracts of land lying in Baltimore county, called WignalCs Rest and Wie Bit, brought by the plaintiff, as trustee of John Beale Howard,
    
    
      The following case was stated for the opinion of the court, viz.
    It js admitted that this suit was commenced in consequence of a mortgage deed which was executed by John H. Dorsey to John Beale Howard, to secure the payment of money. That the said John H. Dorsey, at the time he made the mortgage deed had a good title in fee-simple to the land, and that the lessor of the plaintiff has no title but under the mortgage deed.
    It is also admitted that John Paul, the defendant, is now in possession of the land under regular conveyances from the said J, H. Dorsey, subsequent to the said mortgage, and that the said Dorsey, after the mortgage, sold all his interest therein, and, by. deed duly executed, conveyed the same to Thomas Gassaway Howard, who conveyed the same to James Porter.
    
    It is also admitted that James Porter paid to John B. Howard the whole of the principal and interest due on the said mortgage, in continental bills of credit, and that the same was received by the said John B. Howard,, in discharge of the said mortgage, and that the original mortgage deed and bond by which the said money was secured to be paid, were delivered up to the said James Porter, with receipts in full thereon; but that no release hath been executed of the mortgaged lands to the said Porter, or any person claiming under him, or under whom he claims.
    Hollingsworth, for the plaintiff.
    Johnson, for the defendant.
   The Court

gave judgment, on the case stated, for the defendant.  