Jefferson v. Hackney

Action upon a promissory note for $50,000 given by defendant to the plaintiff. The payment of the note was secured by a mortgage upon 26,000 acres of land in North Dakota, given at the time of the execution of the note. Defendant answered, setting forth, in paragraph 3 of his answer, certain alleged facts as and for a counterclaim. A demurrer was interposed to the counterclaim and sustained. From an order sustaining the demurrer, defendant appealed.

*446It appears from paragraph 3, in effect, that, prior to the giving of the note sued upon, defendant executed to plaintiff a note for $200,000,…