Hubbard v. Chappel

Suit to foreclose a mortgage given by Hubbard and wife to the Lake Erie, Wabash, and St. Louis Railroad Company; and by said company assigned to one Boody, and by him assigned to the plaintiff.

Answer in seven paragraphs—

1. The general denial.

2. That the land was conveyed for a consideration, by the railroad company, to Elias Hubbard, and by him, his wife joining, mortgaged to the railroad company to secure the payment of the consideration, and averring that the railroad company had no title.

It may be here observed that a demurrer was overruled to this paragraph; that issue was then taken upon…