Felton v. Whitfield

Russell, O. J.

1. The striking of the plea which was termed a plea in abatement, if error, was’ not such as to require a reversal of the judgment in this ease. .In the first place, it contains matter not appropriate to a plea in abatement; and in so far as it contains other allegations of fact essential to the defense, these matters were contained in the answer, as to which evidence was submitted upon the trial, thereby leaving the questions of fact to be decided by the jury.

2. Attorney’s fees are not recoverable in an equitable action brought to foreclose a mortgage, when the note to secure…