Clark v. Henderson

This is an action to foreclose two mortgages on real estat.e. The complaint' was considered by us in the case of Clark v. Henderson 58 N. D. 650, 227 N. W. 185 and there held good as against demurrer. When the case was remanded the defendant answered. Tie denied the delivery of the notes and mortgages; alleged that they were without consideration; that' they had been paid and satisfied; that at the time of the alleged assignment to the Kenmare bank the Bank of Crosby was in receivership and Clark had no authority as its president to assign the same, so there was no effective transfer to the…