Mills-Odoi J.S.C.: delivered the judgment of the court.  This appeal is from a judgment of D. E. Gwria, Esquire, Commissioner of Assize and Civil Pleas (as he then was) delivered on the 29th June, 1960, in the Land Court, Kumasi, whereby he gave judgment for the plaintiff.
By a deed of mortgage dated the 26th May, 1957, and marked exhibit B in this case, the plaintiff mortgaged his two cocoa farms at Atambo and Mmotonor respectively to the 