Mellor v. Rideout

This action was instituted to foreclose a mortgage given to secure the payment of a promissory note for $5,000, dated June 6, 1922, payable on or before one year after date, and bearing interest at the rate of six per cent per annum. Both instruments were executed by Lyeurgus Orr, who died prior to the commencement of this action. The answer denies the execution of the instruments and, “as a further and separate defense herein and by way of counterclaim,” alleges that plaintiff’s assignor, John R. MacLean, for a valuable consideration, on June 6, 1922, executed and delivered to Orr a…