Henly v. Kern

Per Guriam.

This was an action by the appellees against the appellants, to foreclose a mortgage. There was an answer filed, containing several affirmative paragraphs, to which no replications were filed. The cause was submitted to the Court for trial, which resulted in a finding and judgment for the plaintiffs. The defendants appeal, and assign for error, that there was a trial without an issue, and that the finding and judgment should have been in favor of the appellants, and not the appellees. There was no objection made below to the proceedings. No motion was made for a new trial, or in…