Byington v. Hogan

Suit for foreclosure of mortgage. Any discussion as to the correctness of the ruling, which admitted in evidence the original answer of defendants, is entirely unnecessary, as the first and second amended answers contain in effect the same admission. The last answer contains the clause:

“ These defendants deny that said mortgage was ever assigned to plaintiffs further than would accrue in equity from an assignment of said notes, if they were ever assigned, etc.”

It is obvious, that this clause of the defendant’s answer leaves the affirmative allegation of the petition, that the notes had been…