Slayton v. McIntyre

This is a writ of entry to foreclose a mortgage given to the plaintiff to secure the payment of a promissory note. To this action the defendants filed a plea of nul disseisin, accompanied with this further allegation, “ and in addition to the above plea the defendants say the mortgage mentioned by the plaintiff is paid, satisfied and extinguished.”

The principal and more important question in the present case is of the proper tribunal to try the issue raised by the pleadings and specification of defence.

The position taken by the plaintiff is, that the only questions properly before the jury…