Pinegar v. Webster

The opinion of the court was delivered by

Hutchison, J.:

The question involved in the appeal in this foreclosure case is whether or not the answer of the defendants contained inconsistent defenses to the suit on the note and mortgage alleged to have been signed by them.

The answer first contains a general denial-of each and every allegation, statement and averment contained in plaintiff’s petition, except as hereinafter admitted. The third and fourth paragraphs of the answer are as follows:

“Answering defendant denies that he, at any time, executed or delivered the promissory note and/or the…