Matthews v. Ormerd

Appeal from the judgment and from an order denying a new trial.

The action is to foreclose a mortgage given to secure a note dated September 25, 1893, for five thousand five hundred dollars, due in one year, with interest at the rate of one per cent per month. The answer admits all the allegations of the complaint, except the allegation that no part of the principal has been paid, and sets up another instrument, in writing, which, it is averred, — and so the court found, — was executed by the mortgagee and delivered to the mortgagors at the same time the note and mortgage were executed, and as…