Lawler v. Hyde

KNIGHT, Justice.

Suit between mortgagee and mortgagor, in which the former sought to recover three mules, conveyed to him under a mprtgage by appellant.

Defendant filed two pleas. Plea 1 was intended by the defendant, and so treated by the parties and the court, as the general issue; and plea 2 was a plea of recoupment, in which the defendant .suggested that the plaintiff’s action was founded on a mortgage, and asked that the court require the jury to ascertain the amount of the debt, find in addition thereto “as a defense pleads and says that the consideration for said mortgage indebtedness…