Livingston v. Bauchhens

In an action to foreclose a consolidated first mortgage on real estate, amended *693judgment of foreclosure and sale in favor of plaintiff-respondent reversed on the law as to the defendants-appellants, Bauehhens, and a new trial granted, with costs to the appellants in this court. The learned trial court erred in ruling in effect (a) that the defense and counterclaim pleaded by the appellants in their amended answer was, as to the defense, insufficient in law upon its face, and as to the counterclaim, that it did not state facts sufficient to constitute a cause of action, and in dismissing the…