Lamson v. Falls

The complaint states that Lamson executed a note, and a mortgage to secure its payment, to one Estep, who assigned each of them to Falls; also that the original note and mortgage were filed with the complaint; in which they are set forth in lime verba. The prayer is that the mortgage be foreclosed, &c.

The defendant, in his answer, set up, 1. That Estep, and not Falls, is the real party in interest in this suit. 2. That he has fully paid said note. 3. That the original note and mortgage, or copies thereof, were not filed with the complaint.

The defendant also filed three interrogatories, to…