Lyon v. McDonald

Complainant filed bis bill to foreclose a-mortgage dated July 25, 1873, for $5239, pjayable in one year with interest at 10 per cent. The bill was filed June 24, 1882, when the note had become outlawed, unless kept alive by payments, as there was no proof of such a new' promise as would satisfy the statute. Complainant only, relies on- the land..

The answer, which was unsworn, sets up the statute of limitations as against personal liability, and averred payment, but without any particulars of time -or manner. It-also claimed, in the form of the common counts, a set7off, without particulars.…