Wilson v. Preston

Mortgage foreclosure commenced in March, 1863. The petition, when filed, was not sworn to, and on the morning of the second day respondent answered it, *247but not under oath. After this, and on the same day, complainant asked and obtained leave to verify his petition, and “ day was given.” On the fourth day of the term, there being no other answer filed, complainant asked for judgment by default, respondents were asked if they desired to answer further, and by their counsel answered that they did not as the petition stood, for they had already answered, and were not required to respond further.…