Onedia Land Co. v. Richard

This proceeding was brought to foreclose a purchase money mortgage upon lands. The defendant’s answer contains in addition to other pertinent matters, averments of fraud and misrepresentation as to the title of the vendor. This answer was stricken on motion made upon grounds going to the sufficiency of the answer as a defense to foreclosure. There was a final decree for the complainant and the defendant appealed.

Section 3, Chapter 6907 provides that:

“If an answer set up an affirmative defense, set-off or counterclaim, the plaintiff may, upon five days’ notice, or such further time as the…