Kirby v. Shrader

This appeal is prosecuted by the defendants from a decree foreclosing a real estate mortgage. The petition is in the usual form, and contains the allegation that no proceedings at law have been had for the recovery of the debt secured by the mortgage in question, nor any part thereof. The defendants answered by a general denial. The note, and the mortgage securing the same, together with an assignment of the mortgage by the mortgagee to the plaintiff, constituted the entire evidence adduced on the trial in the court below, and it is contended that these alone were insufficient to support the…