Rogers v. Eich

Appellee commenced this action to foreclose certain mortgages executed by the appellants upon the real estate therein described. Appellant, Patrick Rogers, filed his answer in four paragraphs, the first being a general denial, the second averred payment, and the third alleged that the defendant had sold and conveyed to the plaintiff the mortgaged premises for the sum of $4,250.00, which amount it was alleged was due and unpaid, and he sought to set off this amount against plaintiff’s demand and prayed judgment over for the remainder due. The fourth paragraph was by way of cross-complaint, and…