Benoit v. Schneider

Downey, J

This was an action by the appellee against the appellant’s intestate, to foreclose a mortgage on certain real estate, executed by the deceased, in this form: “Joseph Henry Luers, Bp. Ft. Wayne,” to the appellee’s intestate, Bernard Joseph Force.

' The defendant answered, first, the general denial; second, *592payment; third, set-off, setting out the facts particularly; and, fourth, set-off in a more general form. A demurrer to the third paragraph, alleging that it did not state facts sufficient to constitute a valid defence, was filed by the plaintiff and sustained by the court. There…