7 Lans. 416 | N.Y. Sup. Ct. | 1873
In the month of November, 1867, the defendant, Christopher Hetzel, borrowed of W. C. Lamont $600 without giving any security therefor at the time. Subsequently, and in June, 1868, he executed a note for the money, which was also signed by John C. Caryl as surety, payable to said Lamont, who transferred the same to Jerome Kromer. On the 16th day of December, 1868, a mortgage was executed by Maria Hetzel and Christopher Hetzel to said Kromer to secure the payment of $621.15, being the amount originally loaned by said Lamont, with the interest thereon. The land embraced in such mortgage was the separate property of said Maria Hetzel, who is the wife of said Christopher. The mortgage was, on the 28th day of January, 1869, assigned by said Jerome Kromer to, the plaintiff, who now
The following allegation contained in the answer, “ This defendant is informed and believes that the mortgage set forth in the complaint was of no binding force and effect, and no lien upon the farm and premises described in the complaint herein,” amounts simply to the statement of a conclusion, without facts to support it, and is therefore unavailing to the defendant. The plaintiff must have judgment.