Phœnix Insurance v. Walter

The plaintiff in error, on December 29,1893, commenced this action in tbe district court of Webster county to foreclose a mortgage oij, certain real estate described in the petition, and to enforce the payment of a principal note in the sum of $800 and accrued interest thereon, also an amount of taxes which had been assessed against the real estate and paid by plaintiff to protect its security. In the answer there were pleaded, payment of the amounts *183claimed by plaintiff, facts which it was claimed estopped plaintiff to prosecute its action, also that the premises mortgaged constituted the…