Ohio Realty Investment Co. v. Lawyers Title Insurance Corp. of Richmond

OWEN, Judge.

Appellant was defendant in a mortgage foreclosure suit. In answer to the complaint, appellant denied that the note and mortgage was in default and alleged affirmatively that prior to the time that plaintiff declared the note and mortgage in *177default for nonpayment of an interest installment, payment had been tendered by defendant and refused by plaintiff. After the cause was at issue the court entered its order of April 9, 1970, striking defendant’s answer to the complaint and entering a default judgment against the defendant appellant for its failure to comply with a prior order…