Heburn v. Reynolds

This action is in foreclosure, and the complaint is in_ about the usual form in such cases, except as it may be modified by the absence of a bond or other per*74sonal security. The defense is somewhat vague, and consists of a denial that the mortgage or document in suit was executed, acknowledged and delivered to the plaintiff as a mortgage ; also that the plaintiff’s claim is outlawed.

Upon the trial of the action the plaintiff offered the mortgage upon which the suit is 'brought in evidence and rested; and the committee did not offer any evidence, resting his case upon several points of law…