Minor

The action was for the amount due on a promissory note and to foreclose a mortgage given to secure the payment of the same.

The complaint is in the usual form, and the genuineness and the execution of the note and mortgage were not denied.

The defenses were (1) that the note was fully paid on December 21, 1909; (2) that by virtue of certain instruments in writing set out in the answer “the time for the payment of the debt represented by said promissory note and mortgage sued upon herein was extended and postponed to the time of the expiration of the said bond for a deed, exhibit ‘ C, ’ to wit, to the twentieth day of August, 1916”; (3) that exhibit “A” was taken and accepted by plaintiff as a substitution for the said promissory note and mortgage with the intention to extinguish the same, and that “there was a novation of said contract, exhibit ‘A,’ for said promissory note and mortgage, and that said promissory note and mortgage was thereby annulled, extinguished, and fully paid”; (4) that the execution and delivery of a certain deed was intended “as a full and complete payment of all and every debt of all and every kind, due from said Carpenter to said plaintiff, including the…