Rose v. Boyer

The opinion of the court was delivered by

West, J.:

The plaintiff in her petition set up a note and mortgage executed by the defendant and a transfer thereof before maturity to the plaintiff. The answer contained a general denial and a specific denial that the plaintiff was the owner and holder of the mortgage, and alleged that the original payee was still the owner and holder and had conspired with the plaintiff to cheat the defendant and avoid a counterclaim which *893the plaintiff had against the original payee for a breach of warranty for the land mentioned in the mortgage. To this answer a…