Clark v. Allison

This is an action by appellee against appellant on a promissory note and to foreclose a mortgage on certain real estate situate in DeKalb County, Indiana, given to secure said note.

The complaint was in one paragraph, in the usual form, alleging the giving of the note and the mortgage; that said note was due and unpaid and demanding judgment in the sum of $560.00 and foreclosure of the mortgage, and contained a copy of the note and mortgage sued on.

To this complaint the appellant filed an answer in three paragraphs alleging, (1) payment; (2) failure of consideration; (3) set-off by reason of…