Jewett, Rec. v. Herr

Nichols, J. —

Action by appellant as indorsee of a note secured by a mortgage to recover the amount due and foreclose the mortgage.

The complaint, in one paragraph, originally was filed to secure judgment for interest due on the note and to foreclose the mortgage given to secure that interest. Afterwards, a supplemental complaint was filed showing that the entire note was due, and judgment was asked upon the note for principal and interest and the foreclosure of the mortgage. To this complaint, appellees filed an answer in ten paragraphs, thereafter dismissing the eighth and ninth. The…