Lukomske v. Harris

The opinion of the court was delivered by

Hutchison, J.:

This was a foreclosure action, and it involves the question of whether the provision in the mortgage promising to pay the taxes, and if not paid, authorizing the mortgagees to pay them and recover the same with interest, is an obligation for an unconditional payment of money.

R. S. 60-729 requires that—

“. . . In all actions founded on written instruments for the unconditional payment of money . . . the answer shall be verified by the defendant, his agent or attorney.”

The petition is in the usual form, attaching a copy of the note and…