Bovit v. Mantel

The bill is to foreclose an overdue $4,000 mortgage made to the complainant by one Bolen. Bolen conveyed to the defendants. It is stipulated in the conveyance that it was made subject to the mortgage, the payment of which the defendants assumed. The answer, paragraphs 1 to 12, admits the execution of the mortgage, but denies the debt. The motion is to strike out the paragraph as sham. The complainant's affidavit, in support of the motion, verifies the mortgage and the conveyance to the defendants and avers the payment of an installment of interest, and that "on November 12th, 1930, the said…