First National Bank v. Vinson

I dissent from the judgment in the first division of the opinion as well as the judgment of affirm*834anee. In the present case the defendant’s counter-affidavit alleged merely: (A) There are no grounds for the plaintiff to foreclose. (B and C) That the defendant is not indebted to the plaintiff. (D) That the defendant has paid as he was required to do under the contract. (E) That the plaintiff has wilfully and wantonly wrongfully foreclosed. Without question all the grounds of the defendant’s counter-affidavit, except (D) merely plead the general issue and as such were subject to the plaintiff’s…