Frenzel v. Miller

The appellee sued the appellants upon two *3notes, executed by Joseph Frenzel and Henry Harderback, on the 21st of December, 1863, payable to Alexis'Voltz on the first days of January 1865 and i860, for one thousand two hundred and fifty dollars each,-and to obtain a foreclosure of-a mortgage executed by the'said Frenzél and Harderback and their wives to secure the payment of the said notes. The notes and mortgage ¡were assigned by the payee to the plaintiff below.

The appellants answered in- nine paragraphs. The ■ first -was in the nature of a counter claim. It ’-was -alleged, in substance,…