Sweet v. Ward

*696The opinion of the court was delivered by

Valentine, J.:

This was an action brought in the district court of Rice county, on July 8, 1886, by T. J. Ward and James Plenderson against Timothy B. Sweet and the Kansas Loan and Trust Compauy, to recover the penalty provided for by §8 of the act relating to mortgages. (Gen. Stat. of 1889, ¶ 3892.) On July 24, 1886, the defendants answered, virtually denying and disclaiming having any interest in the mortgage, and alleging that another party had. On July 27,1886, the plaintiffs filed a motion to require the defendants to amend their answer so as to…