Greenman v. Fox

Complaint on six promissory notes secured by mortgage. Only one note was due at the commencement of the suit. Answers were filed, issues joined and proceedings had, which resulted in a judgment on the notes, and foreclosure of the mortgage, in favor of appellee. The defendants below appealed. The only question presented, and debated by the parties, is as to the sufficiency of the third paragraph of the answer, which is pleaded in abatement, and contains, substantially, the following averments :

That John M. Kerper, guardian of William W. Adams, filed his complaint against the said appellee, in…