The assignment is, of itself, absolute, in form ; but from the bond which accompanies it, it appears to have been made, by way of mortgage, and can have no greater, or other effect than a mortgage. It is, therefore, within the case of Jackson, ex dem. Benton, v. Laughead, and the defendant is entitled to a notice to quit. The verdict must be set aside, and a nonsuit entered.

Judgment of nonsuit.