Thompson v. Lutz

Lutz sued Thompson upon a promissory note of the latter given in part payment for- land; the note being payable to the Zimmerman Land & Irrigation Company, the vendor of the land. He alleged that he was the owner of the note and lien by in-dorsement of the payee as well as by separate written assignment. Judgment upon the note and foreclosure of the lien was sought.

Thompson answered by plea in abatement because of a defect in a party defendant, a general demurrer and general denial; also by a lengthy special answer. In the answer he denied the genuineness of the indorsement and assignment…