Folkner v. Collins

The plaintiff originally brought an action in equity to collect the balance due on a promissory note and to foreclose a real-estate mortgage. The defendants filed an answer wherein they admitted the giving of the note and mortgage but denied there was any amount due by reason of facts set forth in a counterclaim incorporated in the answer. It was pleaded therein the defendants are entitled to damages for alleged fraud of the plaintiff by reason of claimed misrepresentation of the property sold to the defendants. In the counterclaim they made a demand for a jury trial on the issues there…