Matthews v. Ormerd

This action was originally instituted by Henry Matthews upon a note and mortgage executed to him by the defendants Henry Ormerd and Mary Jane Ormerd. A Us pendens was filed at the commencement of the action. Soon afterwards Henry Matthews died, and the action has been prosecuted by his executrix, Mary Matthews, who was substituted as plaintiff. The defendants did not deny the execution of the note and mortgage set forth in the complaint; but they averred in their answer that at the time of the execution of the mortgage the parties executed another written instrument which defendants averred…