Nelson v. Gossage

The opinion of the court was delivered by

Allen, J.:

This action was to foreclose a mortgage on eighty acres of land. The appeal is from an order of the court sustaining a motion to strike certain allegations in the separate answer of one of the defendants.

J. R. Harding died intestate on March 27, 1936, seized and possessed of the land in question. He left a brother, Cornelius J. Harding, and a sister, Mary Harding Reed, as his sole heirs.

Ezra Lichty, one of the defendants in the present foreclosure action, was appointed administrator of the estate of J. R. Harding. Lichty was appointed…