Dunn

This is an appeal from a judgment entered in an action to foreclose a mortgage upon certain real estate, given to secure payment of a promissory note for five hundred dollars, therein described, upon which there had been paid the sum of three hundred dollars. The note and mort gage were executed and delivered by defendant Whaley to defendant John P. Hight, Jr. Thereafter, and before institution of the suit, plaintiff Dunn by assignment acquired the note and mortgage, and defendant Warden acquired an interest in the real estate. The verified complaint was in the usual form in such cases, setting forth copies of the note and mortgage and alleging due assignment of the same to this plaintiff. Defendant Warden filed an unverified answer, specifically admitting ownership of an interest in the real estate and admitting the execution and delivery of the note and mortgage, and made no denial of the alleged assignment thereof to plaintiff.

The due execution and delivery of the note and mortgage and the due assignment thereof to plaintiff, all as alleged in the verified complaint, in the absence of any denial thereof, rendered it unnecessary to offer any of the said documents in evidence;…