Smith v. Hoyt

By the Court,

PAINE, J.

This action was brought to foreclose a mortgage which was executed on the first day of April, 1859. More than twenty days after the service of the summons, no answer having been served, the plaintiff, after giving notice, took judgment for want of an answer, from which this appeal was taken.

One question in the case 'depends upon the time when chap. 220, Laws of 1859, took effect; That chapter provided that defendants in mortgage foreclosure cases should have ninety days in which to answer,-but that it should not apply to mortgages executed after it took effect. In the…