Fresno Investment Co. v. Russell

This is an action brought to foreclose a mortgage; the plaintiff had judgment and the defendant appealed. The plaintiff’s complaint is in the ordinary form to foreclose a mortgage. The note and mortgage therein set forth are the note for $198.93 and the mortgage securing the same which are referred to in the opinion this day filed, Russell v. Penniston et al., ante, p. 492 [203 Pac. 813]. In his answer the defendant Russell set forth certain denials. Then, as his first affirmative defense, he alleged, in slightly different language and in a consolidated form, the allegations set forth in the…