Garretson v. Witherspoon

Opinion of the court by

Pancoast, J.:

This was an action to cancel a note and mortgage executed by defendants in error to plaintiff in error. The petition, among other things, charged defendant below with receipt of the instruments, and alleged the money for which the same were given had never been transmitted to the plaintiffs or received by them, and that the note and mortgage had not been assigned or transferred by the defendant. The answer admitted receipt of the instruments, denied the agency, as to defendant, of the intermediator who negotiated the loan, denied that the note and mortgage…