Strain v. Huff

This was an action by the appellee, as assignee of John Jenkins, upon a promissoiy note and mortgage executed by appellant to said Jenkins. The complaint was in the usual form and sought a personal judgment and foreclosure of the mortgage.

The appellant answered substantially as follows:

That the note and mortgage mentioned in the complaint were executed as part of the purchase price of the land described in the mortgage; that the vendor, John Jenkins, executed to him a warranty deed for such land, a copy of which was filed with, and made a part of, the answer; that at the time of the execution…