Smith v. Bettger

Complaint on note and mortgage made by August Bettger to George Smith, and assigned by him to the appellant, for judgment and foreclosure. No question arises upon the complaint.

Appellees answered:

1. General denial;

2. Payment;

3. (The third paragraph is not in the record;)

4. Special payment, as follows :

That on the 13th day of October, 1876, when said note became due, August Bettger made arrangements with Julian Strawn to pay the same when it should be presented, and when the plaintiff was ready to deliver a release of said mortgage, executed by the mortgagee ; and that he delivered to…