Scala Realty Co. v. Bayonne Ice Co.

The bill in this cause was filed to foreclose a mortgage made by the defendant to the complainant. The defendant sets up in its answer that "it never executed or delivered a bond and mortgage to the complainant, and that no authorized officer ever executed a bond and mortgage to the complainant; that the premises mentioned in the bill of complaint purchased by the defendant from the complainant have been fully paid for except for a small amount, and that no mortgage was executed or delivered to secure such amount." These are the pertinent defenses.

I will take up the first defense — that the…