Fiedler v. Carpenter

WOODBURY, Circuit Justice.

The first question in this case relates to the propriety of the amendment, asked for by the demand-ants. There can be no doubt, that the suit in point of fact was brought for the purpose of foreclosing a mortgage from the tenants to the demandants, though one is not referred to in the declaration. An amendment is usually permissible when the cause of action is the same, and the evidence to be offered is the same. Perley v. Brown, 12 N. H. 493. The tenants do not in their plea deny the seizin of the demandant, nor set up any title in themselves to any freehold in the…