Schubach v. Hammer

*616The opinion of the court was delivered by

Harvey, J.:

This is a suit on a note for $1,000 and to foreclose a mortgage on real estate given to secure the note. The petition contained the usual allegations, among them, that the note and mortgage were made to Pettyjohn & Co., that before maturity and for value Pettyjohn & Co. sold the same to plaintiff, indorsed the note and assigned the mortgage in writing, which assignment was duly recorded. The answer did not controvert the execution of the note and mortgage and their indorsement and assignment to plaintiff, but pleaded payment and averred that…