Delegal v. Delegal

J.—The appellee instituted proceedings against the appellants for the foreclosure of a mortgage on real estate executed by A. S. Delegal as a single man to secure the payment of his note. Answer under oath was not waived. A. S. Delegal answered under oath admitting the execution of the note and mortgage. The answer also contained the following:

“And defendant further says that he has long since paid said mortgage and pleads payment of the same. That while said note and mortgage bears no credits paid by the defendant, yet defendant avers that he has paid every dollar on said note and mortgage,…