Azar, Et Vir v. Steiner

This appeal is from a final decree foreclosing a mortgage, the defendant having interposed the defense of payment. In the final decree, the Chancellor found a balance of $1500 and interest to be due on the mortgage and decreed foreclosure for this amount. Defendants appealed from that decree.

Five questions are argued for reversal but in reality the only question presented is whether or not the plea of payment was proven.

Appellant contends that when the plea of payment was tendered, the burden shifted to the plaintiff to show non payment and an outstanding debt. The general rule would approve…