McEwen v. Hussey

Complaint to foreclose a mortgage. It is alleged that the mortgage was made to a third party, to secure a note to him, and that the note and mortgage have been assigned to the plaintiff; but neither the note, mortgage, nor assignment are exhibited as the statute positively requires. An original complaint did purport to have copies of these instruments annexed to and made parts of it. But that complaint was superseded by an amended complaint, and is therefore not a part of the *396record. 2 G. & H. 273. (See Holdridge v. Sweet, p. 118.) "We can not look at it, though it is improperly, with á…