Allen v. Moer

On the first day of December, 1858, J. B. Ebert gave his note to Elizabeth J. Sloley, or bearer, in ■the sum of $125, payable the first day of October, thereafter, secured by a mortgage of the same date, executed by ■himself and wife upon certain real estate. Said note and mortgage afterwards became the property of the plaintiff, as bearer, who files his petition of foreclosure in the usual form against the defendants. In their answer,.they set up the following facts in bar of the plaintiff’s recovery, viz.: that said Ebert died prior to the 12th day of November, I860; that at the date last…