A sues B for redemption of a mortgage alleged to have been executed in 1856 of 50 cawnies of land. B denies the genuineness of the mortgage, and alleges that 14 out of the 50 cawnies were mortgaged to him in 1853, and that the 14 and the remaining 36 cawnies were sold to him by A in 1855. The mortgage is not proved, and the suit is dismissed. A then sues B to redeem the 14 cawnies on the footing of the mortgagee of 1853.